And The Winner Is …. ?
After all the months political debates, charges, countercharges, and millions of dollars spent on television, radio and mail to convince voters that their opponents are worse than they are, Election 2010 will mercifully draw to a close in two days. By the end of the day on November 2 we should have some idea as to what the next two years, and possibly the next decade, hold politically and governmentally in the state of Illinois.
Democrats want to keep the governor’s office and majorities in the legislature so they can control state policy for the next two years, but also draw the reapportionment map that could put them in legislative control for the next ten. Republicans, on the other hand, feel emboldened and have put on a full frontal assault hoping to capture the governor’s office and possibly into a majority in the House. Either one would give them a 50/50 chance to control the reapportionment process that will begin in the spring.
With literally hours to go in the governor’s race it appears that the race is in a virtual dead heat. The number of targeted legislative races has expanded over the last few weeks so there are as many as 30 house districts being contested along with a dozen or so senate seats. The contested legislative seats are not focused in any one area so observers are going to have to wait for local returns from almost every area of the state. That should make for a long night on Tuesday as results trickle in.
The magic numbers for Tuesday night are 60 and 30. Those are the numbers that a party will need to control each of the legislative chambers. Sixty members of one party control the House and 30 control the Senate. Will Democrats be able to withstand the expected GOP/Tea Party onslaught? Have they been able to create a game plan that will offer different result than in 1994 when Republicans ran the table and captured every state office and control of the legislature? What happens if there is a 59-59 tie in the House? (Quick answer: Very ugly and gridlocked paralysis for two years.) Tune in Tuesday night …
For those who wish to follow the status of the legislative elections during Tuesday night, you might try www.capitalfaxblog. They may have compiled reports from the field that will provide the status of many legislative races, and all in one place.
Lame Ducks
Prior to every post-election season legislative session speculation abounds regarding major policy enactments by the General Assembly with lame duck legislators providing the necessary votes. In reality, such major policy decisions seldom occur.
Lame ducks can be classified in two categories: 1) Retired/defeated and committed, and 2) Retired/defeated and uncommitted.
The first category is comprised of legislators who feel a deep affinity for the legislative process and who feel that it is their responsibility to participate fully in the process until the final session gavel comes down. Most soon-to-be former legislators fit into this category. The second category is generally comprised of a few who may have retired because they looked upon the process as a burden or who are angry because they were “rejected” by their constituents in their reelection efforts. Their commitment to seeing the process through to the end is questionable.
Putting together the votes for a major initiative in the yearly veto session requires an extraordinary number of votes for it to be effective immediately. Generally, committed legislators who will not be returning, by and large, stay true to their philosophies and generally will not cross over and breach their principles. Additionally, some in this category may have plans to run for office again so it is even more unlikely that they will cast an odd vote. On the other hand, the few uncommitted legislators may not even be counted on to be in Springfield during post-election session days, let alone counting on a vote or convincing them to vote on a major piece of legislation.
What all this suggests is that putting together a successful roll call to enact a major initiative, such as a tax increase, is not an easy task. Can it happen? Surely. However, it’s never easy as the lack of such successful efforts in the past can attest.
Disorder in the Court?
One of the important results to watch on election night will be the effort to unseat Supreme Court Justice Thomas Kilbride. Democrats currently hold and traditionally have held a 4-3 majority on the Illinois Supreme Court. In the past the four Democratic votes have come from the three Cook County justices along with the justice elected from southern Illinois. In the past ten years two upsets have occurred that skewed this formula. In 2004 a Republican, Lloyd Karmeier, was elected from the southern Illinois district and in 2000 Democrat Thomas Kilbride was elected from the normally Republican 3rd District that stretches from Will County to Rock Island. Illinois supreme court justices serve for ten years and then appear on a retention ballot. They must receive 60 percent approval to be retained. It’s Justice Kilbride’s turn at bat in 2010 and it’s been a battle royale.
Why? The simple answer is caps on malpractice awards. Twice in the last forty years the legislature has approved malpractice award caps and twice, most recently last February, the Illinois Supreme Court ruled those caps unconstitutional with a four-vote majority. Change one vote and the possibility of major policy change in Illinois becomes possible. Enter Kilbride and his retention effort. The pro-caps, anti-Kilbride groups are spending hundreds of thousands of dollars to deny him retention and have been brutal in their representation of his record. Kilbride has countered by presenting testimonials from a bipartisan broad cross-section of prominent persons touting his record. Remember that judicial elections aren’t generally issue-oriented -- judicial candidates are forbidden to be specific on how they would rule on specific issues or cases so races become focused more on background, values and trust.
A possible GOP Supreme Court majority also puts them in a position to rule on the state legislative reapportionment case when it arrives there, as it always does, sometime in mid-to-late 2011. The results in the gubernatorial and legislative races will be the first step in the remap process. The Illinois Supreme Court is the last, final and most important step, especially since they could discard any map presented to it and rule for another. That map will determine the legislative politics in Illinois for the next ten years. So keep an eye on this race Tuesday night. The impact could significantly impact the Illinois governmental and political landscape for years.
Who’s Next?
One of the major and sometimes overriding factors that determine the nature of the General Assembly’s fiscal and policy decisions is the city of Chicago, and the actions of its legislative delegation are very much dictated by leadership philosophy and the perceived needs of the person sitting in the mayor’s chair. In 2011 there may be a void in the direction that the city delegation is given due to the announced retirement of Mayor Richard M. Daley. Not only has his early retirement announcement created a scramble for the legion of mayors-in-waiting who wish to succeed him, but it may also create a rudderless legislative delegation searching for direction at a time when the state and city both are struggling financially.
According to the 2011 election calendar, mayoral candidates must file their petitions no later than November 22. Even though candidates will have a week to withdraw, and some will, it will provide a good glimpse of the expected large number of individuals who want to try to grab for this possible once-in-a-generation ‘brass ring’. The non-partisan primary election is scheduled to be held on February 22. If no candidate receives 50 percent then the top two will face off on April 5. The winner will take office on May 16 … while the General Assembly session adjournment date is May 31, only two weeks later.
If there is a sure winner on February 22 then there probably would be some consultation and coordination between the current and incoming administrations and the Chicago delegation. With the large number of candidates expected to run, however, it is widely expected that April 5 will be the date that the next mayor is elected. Not much time will remain for the new administration to get its priorities in order and its delegation marching in sync.
The needs and desires of the City of Chicago are not always the preeminent factor in legislative deliberation and they don’t always get what they want. But, like it or not, they are a very large delegation and a factor, and sometimes a very large factor, in determining the direction of the state and whoever is mayor helps to set that direction. In 2011, however, it may be one big delegation in search of a leader.
Veto Session (And Other) Dates Reminder
The Senate will be meeting on November 4 for the purpose of considering additional borrowing. It is not a “special session” but rather a session that was “recessed” when the legislature left Springfield in May. Therefore, the subject matter is not limited but it is not expected that anything out of the ordinary will take place.
The legislature is scheduled to meet the week before (November 16, 17, 18) and the week after (November 29, 30 and December 1) Thanksgiving to conduct its annual veto session. The governor vetoed or amendatory vetoed very little so there is some possibility that the number of session days may be cut. Of course, it also leaves time to act on other issues that may be outstanding.
Also expect at least a short legislative session in January. A governor will be sworn in on Monday, January 10. The legislature will probably meet that day and the next, wrapping up the current session before the new General Assembly is sworn into office on January 12. The January session days could be significant because as of January 1, the number of votes necessary to pass a bill and have it effective immediately drops from a three-fifths (36 Senate/71 House) to a simple majority (30/60).
Monday, November 1, 2010
L
And The Winner Is …. ?
After all the months political debates, charges, countercharges, and millions of dollars spent on television, radio and mail to convince voters that their opponents are worse than they are, Election 2010 will mercifully draw to a close in two days. By the end of the day on November 2 we should have some idea as to what the next two years, and possibly the next decade, hold politically and governmentally in the state of Illinois.
Democrats want to keep the governor’s office and majorities in the legislature so they can control state policy for the next two years, but also draw the reapportionment map that could put them in legislative control for the next ten. Republicans, on the other hand, feel emboldened and have put on a full frontal assault hoping to capture the governor’s office and possibly into a majority in the House. Either one would give them a 50/50 chance to control the reapportionment process that will begin in the spring.
With literally hours to go in the governor’s race it appears that the race is in a virtual dead heat. The number of targeted legislative races has expanded over the last few weeks so there are as many as 30 house districts being contested along with a dozen or so senate seats. The contested legislative seats are not focused in any one area so observers are going to have to wait for local returns from almost every area of the state. That should make for a long night on Tuesday as results trickle in.
The magic numbers for Tuesday night are 60 and 30. Those are the numbers that a party will need to control each of the legislative chambers. Sixty members of one party control the House and 30 control the Senate. Will Democrats be able to withstand the expected GOP/Tea Party onslaught? Have they been able to create a game plan that will offer different result than in 1994 when Republicans ran the table and captured every state office and control of the legislature? What happens if there is a 59-59 tie in the House? (Quick answer: Very ugly and gridlocked paralysis for two years.) Tune in Tuesday night …
For those who wish to follow the status of the legislative elections during Tuesday night, you might try www.capitalfaxblog. They may have compiled reports from the field that will provide the status of many legislative races, and all in one place.
Lame Ducks
Prior to every post-election season legislative session speculation abounds regarding major policy enactments by the General Assembly with lame duck legislators providing the necessary votes. In reality, such major policy decisions seldom occur.
Lame ducks can be classified in two categories: 1) Retired/defeated and committed, and 2) Retired/defeated and uncommitted.
The first category is comprised of legislators who feel a deep affinity for the legislative process and who feel that it is their responsibility to participate fully in the process until the final session gavel comes down. Most soon-to-be former legislators fit into this category. The second category is generally comprised of a few who may have retired because they looked upon the process as a burden or who are angry because they were “rejected” by their constituents in their reelection efforts. Their commitment to seeing the process through to the end is questionable.
Putting together the votes for a major initiative in the yearly veto session requires an extraordinary number of votes for it to be effective immediately. Generally, committed legislators who will not be returning, by and large, stay true to their philosophies and generally will not cross over and breach their principles. Additionally, some in this category may have plans to run for office again so it is even more unlikely that they will cast an odd vote. On the other hand, the few uncommitted legislators may not even be counted on to be in Springfield during post-election session days, let alone counting on a vote or convincing them to vote on a major piece of legislation.
What all this suggests is that putting together a successful roll call to enact a major initiative, such as a tax increase, is not an easy task. Can it happen? Surely. However, it’s never easy as the lack of such successful efforts in the past can attest.
Disorder in the Court?
One of the important results to watch on election night will be the effort to unseat Supreme Court Justice Thomas Kilbride. Democrats currently hold and traditionally have held a 4-3 majority on the Illinois Supreme Court. In the past the four Democratic votes have come from the three Cook County justices along with the justice elected from southern Illinois. In the past ten years two upsets have occurred that skewed this formula. In 2004 a Republican, Lloyd Karmeier, was elected from the southern Illinois district and in 2000 Democrat Thomas Kilbride was elected from the normally Republican 3rd District that stretches from Will County to Rock Island. Illinois supreme court justices serve for ten years and then appear on a retention ballot. They must receive 60 percent approval to be retained. It’s Justice Kilbride’s turn at bat in 2010 and it’s been a battle royale.
Why? The simple answer is caps on malpractice awards. Twice in the last forty years the legislature has approved malpractice award caps and twice, most recently last February, the Illinois Supreme Court ruled those caps unconstitutional with a four-vote majority. Change one vote and the possibility of major policy change in Illinois becomes possible. Enter Kilbride and his retention effort. The pro-caps, anti-Kilbride groups are spending hundreds of thousands of dollars to deny him retention and have been brutal in their representation of his record. Kilbride has countered by presenting testimonials from a bipartisan broad cross-section of prominent persons touting his record. Remember that judicial elections aren’t generally issue-oriented -- judicial candidates are forbidden to be specific on how they would rule on specific issues or cases so races become focused more on background, values and trust.
A possible GOP Supreme Court majority also puts them in a position to rule on the state legislative reapportionment case when it arrives there, as it always does, sometime in mid-to-late 2011. The results in the gubernatorial and legislative races will be the first step in the remap process. The Illinois Supreme Court is the last, final and most important step, especially since they could discard any map presented to it and rule for another. That map will determine the legislative politics in Illinois for the next ten years. So keep an eye on this race Tuesday night. The impact could significantly impact the Illinois governmental and political landscape for years.
Who’s Next?
One of the major and sometimes overriding factors that determine the nature of the General Assembly’s fiscal and policy decisions is the city of Chicago, and the actions of its legislative delegation are very much dictated by leadership philosophy and the perceived needs of the person sitting in the mayor’s chair. In 2011 there may be a void in the direction that the city delegation is given due to the announced retirement of Mayor Richard M. Daley. Not only has his early retirement announcement created a scramble for the legion of mayors-in-waiting who wish to succeed him, but it may also create a rudderless legislative delegation searching for direction at a time when the state and city both are struggling financially.
According to the 2011 election calendar, mayoral candidates must file their petitions no later than November 22. Even though candidates will have a week to withdraw, and some will, it will provide a good glimpse of the expected large number of individuals who want to try to grab for this possible once-in-a-generation ‘brass ring’. The non-partisan primary election is scheduled to be held on February 22. If no candidate receives 50 percent then the top two will face off on April 5. The winner will take office on May 16 … while the General Assembly session adjournment date is May 31, only two weeks later.
If there is a sure winner on February 22 then there probably would be some consultation and coordination between the current and incoming administrations and the Chicago delegation. With the large number of candidates expected to run, however, it is widely expected that April 5 will be the date that the next mayor is elected. Not much time will remain for the new administration to get its priorities in order and its delegation marching in sync.
The needs and desires of the City of Chicago are not always the preeminent factor in legislative deliberation and they don’t always get what they want. But, like it or not, they are a very large delegation and a factor, and sometimes a very large factor, in determining the direction of the state and whoever is mayor helps to set that direction. In 2011, however, it may be one big delegation in search of a leader.
Veto Session (And Other) Dates Reminder
The Senate will be meeting on November 4 for the purpose of considering additional borrowing. It is not a “special session” but rather a session that was “recessed” when the legislature left Springfield in May. Therefore, the subject matter is not limited but it is not expected that anything out of the ordinary will take place.
The legislature is scheduled to meet the week before (November 16, 17, 18) and the week after (November 29, 30 and December 1) Thanksgiving to conduct its annual veto session. The governor vetoed or amendatory vetoed very little so there is some possibility that the number of session days may be cut. Of course, it also leaves time to act on other issues that may be outstanding.
Also expect at least a short legislative session in January. A governor will be sworn in on Monday, January 10. The legislature will probably meet that day and the next, wrapping up the current session before the new General Assembly is sworn into office on January 12. The January session days could be significant because as of January 1, the number of votes necessary to pass a bill and have it effective immediately drops from a three-fifths (36 Senate/71 House) to a simple majority (30/60).
After all the months political debates, charges, countercharges, and millions of dollars spent on television, radio and mail to convince voters that their opponents are worse than they are, Election 2010 will mercifully draw to a close in two days. By the end of the day on November 2 we should have some idea as to what the next two years, and possibly the next decade, hold politically and governmentally in the state of Illinois.
Democrats want to keep the governor’s office and majorities in the legislature so they can control state policy for the next two years, but also draw the reapportionment map that could put them in legislative control for the next ten. Republicans, on the other hand, feel emboldened and have put on a full frontal assault hoping to capture the governor’s office and possibly into a majority in the House. Either one would give them a 50/50 chance to control the reapportionment process that will begin in the spring.
With literally hours to go in the governor’s race it appears that the race is in a virtual dead heat. The number of targeted legislative races has expanded over the last few weeks so there are as many as 30 house districts being contested along with a dozen or so senate seats. The contested legislative seats are not focused in any one area so observers are going to have to wait for local returns from almost every area of the state. That should make for a long night on Tuesday as results trickle in.
The magic numbers for Tuesday night are 60 and 30. Those are the numbers that a party will need to control each of the legislative chambers. Sixty members of one party control the House and 30 control the Senate. Will Democrats be able to withstand the expected GOP/Tea Party onslaught? Have they been able to create a game plan that will offer different result than in 1994 when Republicans ran the table and captured every state office and control of the legislature? What happens if there is a 59-59 tie in the House? (Quick answer: Very ugly and gridlocked paralysis for two years.) Tune in Tuesday night …
For those who wish to follow the status of the legislative elections during Tuesday night, you might try www.capitalfaxblog. They may have compiled reports from the field that will provide the status of many legislative races, and all in one place.
Lame Ducks
Prior to every post-election season legislative session speculation abounds regarding major policy enactments by the General Assembly with lame duck legislators providing the necessary votes. In reality, such major policy decisions seldom occur.
Lame ducks can be classified in two categories: 1) Retired/defeated and committed, and 2) Retired/defeated and uncommitted.
The first category is comprised of legislators who feel a deep affinity for the legislative process and who feel that it is their responsibility to participate fully in the process until the final session gavel comes down. Most soon-to-be former legislators fit into this category. The second category is generally comprised of a few who may have retired because they looked upon the process as a burden or who are angry because they were “rejected” by their constituents in their reelection efforts. Their commitment to seeing the process through to the end is questionable.
Putting together the votes for a major initiative in the yearly veto session requires an extraordinary number of votes for it to be effective immediately. Generally, committed legislators who will not be returning, by and large, stay true to their philosophies and generally will not cross over and breach their principles. Additionally, some in this category may have plans to run for office again so it is even more unlikely that they will cast an odd vote. On the other hand, the few uncommitted legislators may not even be counted on to be in Springfield during post-election session days, let alone counting on a vote or convincing them to vote on a major piece of legislation.
What all this suggests is that putting together a successful roll call to enact a major initiative, such as a tax increase, is not an easy task. Can it happen? Surely. However, it’s never easy as the lack of such successful efforts in the past can attest.
Disorder in the Court?
One of the important results to watch on election night will be the effort to unseat Supreme Court Justice Thomas Kilbride. Democrats currently hold and traditionally have held a 4-3 majority on the Illinois Supreme Court. In the past the four Democratic votes have come from the three Cook County justices along with the justice elected from southern Illinois. In the past ten years two upsets have occurred that skewed this formula. In 2004 a Republican, Lloyd Karmeier, was elected from the southern Illinois district and in 2000 Democrat Thomas Kilbride was elected from the normally Republican 3rd District that stretches from Will County to Rock Island. Illinois supreme court justices serve for ten years and then appear on a retention ballot. They must receive 60 percent approval to be retained. It’s Justice Kilbride’s turn at bat in 2010 and it’s been a battle royale.
Why? The simple answer is caps on malpractice awards. Twice in the last forty years the legislature has approved malpractice award caps and twice, most recently last February, the Illinois Supreme Court ruled those caps unconstitutional with a four-vote majority. Change one vote and the possibility of major policy change in Illinois becomes possible. Enter Kilbride and his retention effort. The pro-caps, anti-Kilbride groups are spending hundreds of thousands of dollars to deny him retention and have been brutal in their representation of his record. Kilbride has countered by presenting testimonials from a bipartisan broad cross-section of prominent persons touting his record. Remember that judicial elections aren’t generally issue-oriented -- judicial candidates are forbidden to be specific on how they would rule on specific issues or cases so races become focused more on background, values and trust.
A possible GOP Supreme Court majority also puts them in a position to rule on the state legislative reapportionment case when it arrives there, as it always does, sometime in mid-to-late 2011. The results in the gubernatorial and legislative races will be the first step in the remap process. The Illinois Supreme Court is the last, final and most important step, especially since they could discard any map presented to it and rule for another. That map will determine the legislative politics in Illinois for the next ten years. So keep an eye on this race Tuesday night. The impact could significantly impact the Illinois governmental and political landscape for years.
Who’s Next?
One of the major and sometimes overriding factors that determine the nature of the General Assembly’s fiscal and policy decisions is the city of Chicago, and the actions of its legislative delegation are very much dictated by leadership philosophy and the perceived needs of the person sitting in the mayor’s chair. In 2011 there may be a void in the direction that the city delegation is given due to the announced retirement of Mayor Richard M. Daley. Not only has his early retirement announcement created a scramble for the legion of mayors-in-waiting who wish to succeed him, but it may also create a rudderless legislative delegation searching for direction at a time when the state and city both are struggling financially.
According to the 2011 election calendar, mayoral candidates must file their petitions no later than November 22. Even though candidates will have a week to withdraw, and some will, it will provide a good glimpse of the expected large number of individuals who want to try to grab for this possible once-in-a-generation ‘brass ring’. The non-partisan primary election is scheduled to be held on February 22. If no candidate receives 50 percent then the top two will face off on April 5. The winner will take office on May 16 … while the General Assembly session adjournment date is May 31, only two weeks later.
If there is a sure winner on February 22 then there probably would be some consultation and coordination between the current and incoming administrations and the Chicago delegation. With the large number of candidates expected to run, however, it is widely expected that April 5 will be the date that the next mayor is elected. Not much time will remain for the new administration to get its priorities in order and its delegation marching in sync.
The needs and desires of the City of Chicago are not always the preeminent factor in legislative deliberation and they don’t always get what they want. But, like it or not, they are a very large delegation and a factor, and sometimes a very large factor, in determining the direction of the state and whoever is mayor helps to set that direction. In 2011, however, it may be one big delegation in search of a leader.
Veto Session (And Other) Dates Reminder
The Senate will be meeting on November 4 for the purpose of considering additional borrowing. It is not a “special session” but rather a session that was “recessed” when the legislature left Springfield in May. Therefore, the subject matter is not limited but it is not expected that anything out of the ordinary will take place.
The legislature is scheduled to meet the week before (November 16, 17, 18) and the week after (November 29, 30 and December 1) Thanksgiving to conduct its annual veto session. The governor vetoed or amendatory vetoed very little so there is some possibility that the number of session days may be cut. Of course, it also leaves time to act on other issues that may be outstanding.
Also expect at least a short legislative session in January. A governor will be sworn in on Monday, January 10. The legislature will probably meet that day and the next, wrapping up the current session before the new General Assembly is sworn into office on January 12. The January session days could be significant because as of January 1, the number of votes necessary to pass a bill and have it effective immediately drops from a three-fifths (36 Senate/71 House) to a simple majority (30/60).
Monday, October 4, 2010
URGENT: Stuxnet Worm - Impacts SCADA systems
Source:
http://www.computerworld.com/s/article/9185919/Is_Stuxnet_the_best_malware_ever_
attachment
The Stuxnet worm is a "groundbreaking" piece of malware so devious in its use of unpatched vulnerabilities and so sophisticated in its multipronged approach that the security researchers who tore it apart believe it may be the work of state-backed professionals.
"It's amazing, really, the resources that went into this worm," said Liam O' Murchu, manager of operations with Symantec's security response team. "I'd call it groundbreaking," said Roel Schouwenberg, a senior antivirus researcher at Kaspersky Lab.
First reported in June by a little-known security firm based in Belarus, Stuxnet gained notoriety a month later when Microsoft confirmed that the worm was targeting Windows PCs that managed SCADA systems. At the time, researchers believed that Stuxnet exploited just one un-patched (zero-day) vulnerability in Windows and spread through infected USB flash drives.
Iran was hardest hit by Stuxnet, according to Symantec researchers, who said in July that nearly 60% of all infected PCs were located in that country.
On August 2, Microsoft issued an emergency update to patch the bug that Stuxnet was then known to exploit in Windows shortcuts. But unbeknownst to Microsoft, Stuxnet could actually use three other zero-day vulnerabilities to gain access to corporate networks. Once it had access, it would seek out and infect the specific machines that managed SCADA systems controlled by Siemens software. But the Stuxnet wonders didn't stop there. The worm also exploited a Windows bug patched in 2008 - the same vulnerability used to devastating effect by the Conficker worm in late 2008 and early 2009 - to infect millions of machines.
Once within a network - initially delivered via an infected USB device - Stuxnet used the ulnerabilities to commandeer any connected SCADA software. The attack code seemed legitimate because Stuxnet contains at least two signed digital certificates. "The organization and sophistication to execute the entire package is extremely impressive," said Schouwenberg. "Whoever is behind this was on a mission to get into whatever company or companies they were targeting."
So scary, so thorough was the reconnaissance, so complex the job, so sneaky the attack, that neither believe it could be the work even of an advanced cyber crime gang. "They weren't just after information, so a competitor is out. They wanted to reprogram the PLCs and operate the machinery," O' Murchu said.
And the fact that Iran was the main target is significant. "All the different circumstances, from the multiple zero-days to stolen certificates to istribution, the most plausible scenario is a nation-state-backed group," said Schouwenberg, who acknowledged that some people might think he was wearing a tin foil hat when he says such things. "This sounds like something out of a movie, but I would argue it's plausible, suddenly plausible, that it was nation-state-backed."
http://www.computerworld.com/s/article/9185919/Is_Stuxnet_the_best_malware_ever_
attachment
The Stuxnet worm is a "groundbreaking" piece of malware so devious in its use of unpatched vulnerabilities and so sophisticated in its multipronged approach that the security researchers who tore it apart believe it may be the work of state-backed professionals.
"It's amazing, really, the resources that went into this worm," said Liam O' Murchu, manager of operations with Symantec's security response team. "I'd call it groundbreaking," said Roel Schouwenberg, a senior antivirus researcher at Kaspersky Lab.
First reported in June by a little-known security firm based in Belarus, Stuxnet gained notoriety a month later when Microsoft confirmed that the worm was targeting Windows PCs that managed SCADA systems. At the time, researchers believed that Stuxnet exploited just one un-patched (zero-day) vulnerability in Windows and spread through infected USB flash drives.
Iran was hardest hit by Stuxnet, according to Symantec researchers, who said in July that nearly 60% of all infected PCs were located in that country.
On August 2, Microsoft issued an emergency update to patch the bug that Stuxnet was then known to exploit in Windows shortcuts. But unbeknownst to Microsoft, Stuxnet could actually use three other zero-day vulnerabilities to gain access to corporate networks. Once it had access, it would seek out and infect the specific machines that managed SCADA systems controlled by Siemens software. But the Stuxnet wonders didn't stop there. The worm also exploited a Windows bug patched in 2008 - the same vulnerability used to devastating effect by the Conficker worm in late 2008 and early 2009 - to infect millions of machines.
Once within a network - initially delivered via an infected USB device - Stuxnet used the ulnerabilities to commandeer any connected SCADA software. The attack code seemed legitimate because Stuxnet contains at least two signed digital certificates. "The organization and sophistication to execute the entire package is extremely impressive," said Schouwenberg. "Whoever is behind this was on a mission to get into whatever company or companies they were targeting."
So scary, so thorough was the reconnaissance, so complex the job, so sneaky the attack, that neither believe it could be the work even of an advanced cyber crime gang. "They weren't just after information, so a competitor is out. They wanted to reprogram the PLCs and operate the machinery," O' Murchu said.
And the fact that Iran was the main target is significant. "All the different circumstances, from the multiple zero-days to stolen certificates to istribution, the most plausible scenario is a nation-state-backed group," said Schouwenberg, who acknowledged that some people might think he was wearing a tin foil hat when he says such things. "This sounds like something out of a movie, but I would argue it's plausible, suddenly plausible, that it was nation-state-backed."
Thursday, July 15, 2010
Government Strategy Associates 4023 Terramere Avenue Arlington Heights, Illinois 60004
Government Strategy Associates
4023 Terramere Avenue
Arlington Heights, Illinois 60004
M E M O R A N D U M
To:
Laurie Dougherty
Gerry Bever
From:
Terry Steczo
Maureen Mulhall
Re: Legislative Report
Date: June 30, 2010
Budget D-Day - July 1
Tomorrow, July 1, is the date that the state fiscal year begins. It is also the date that Gov. Quinn will announce the breadth and depth of cuts and changes to the budget that will be the state’s spending roadmap for the next twelve months. When the legislature left Springfield at the end of May they threw an unbalanced budget document in the governor’s lap and, for the second straight year, left him to make the final spending decisions. The following items also pertain to, in essence, legislative abdication of budget making authority to the governor.
Rumors over the last month have abounded as to where cuts will be made and which programs will be impacted. Human services providers, education interests, and others to whom the state owes money are bracing for the worst as the size of the state deficit has been projected at $13 billion, approximately one-half of state generated revenues that are projected at $26 billion.
Thursday’s announcement will help determine whether that spending roadmap will help point the way to fiscal solvency or a fiscal cliff. Pray for the former but expect the latter.
No Will To Borrow
When the legislature departed Springfield a month ago the session ended in a whimper with no solution to the problem of making the required $3.7 billion pension payment. As you will recall, the House approved borrowing that amount but the Senate never considered the matter, indicating that they were one to three votes short of having the required number of votes. Since approving the measure requires a 60% majority (36 votes) and since 33-35 Democrats have committed, the additional votes would have to come from the ranks of Republicans. In the past month the governor and others have been dredging the harbor looking for those three souls … but, alas, they so far have yet to be found.
Will Dems be able to find one to three (wayward or courageous … insert your word preference based on your philosophy) GOP members to provide those needed votes? Very unlikely. Will the Senate be called back into session to approve the borrowing without them? Not a chance. What if the governor decided to show his mettle and call the General Assembly back into session anyway? It would be a huge risk that could call into question his leadership skills just in front of an election … especially since those Republican votes simply are not going to materialize.
The pension payment controversy is the one big issue that the GOP might feels plays into their favor as the gubernatorial races chugs toward November so that puts some pressure on their legislative members to stay put. Moreover, when two House Republicans jumped and provided the margin of victory for borrowing in the House they were vilified by their caucus members and demoted from positions of legislative leadership.
So, it appears that the state will not have the requisite funding available when pension payments are due on July 15 and September 15. The result will be pension systems being forced to sell assets to make the payments, thereby costing them billions of dollars over the long term. The cost to borrow would be approximately $1 billion in interest payments. While more drastic action to curb the state’s fiscal problems would certainly be in order, the borrowing plan can certainly be looked upon as the lesser of two evils … if it were not an election year and if there was not so much at stake in the upcoming November elections.
“No We Can’t”
Looking back at the 2010 legislative session and the lack of fortitude in fashioning a solution to the budget crisis, one of the most telling moments occurred on May 7, the date that had originally been designated as the final adjournment date. During that afternoon Speaker Michael Madigan first offered the plan to borrow to cover the state pension payments. The bill failed (although later in the month it did pass the House but is languishing in the Senate). Stuck with a $4 billion budget hole with no revenue to fill it, he then offered an amendment to Senate Bill 1211 that offered the only other practical solution … reductions. Or, to use another word, cutting … a word that makes conservatives cheer and salute and liberals sob and quake.
So, lacking any other budget balancing alternatives the amendment was approved, right? Wrong. The amendment was defeated 15-99-2. And it was the conservative members of the House that were those 15? Wrong again. The irony of the story is that the 15 House members who voted “yes” were Democrats. The number of Republicans that voted to cut? Zero. As the day of May 7 ended the Speaker announced that he would leave SB 1211 on the order of 2nd Reading so in the three weeks that the legislature would be in recess any House member could file an amendment to cut anything they thought was excess. How many amendments were filed during that time span? One … and it was not filed by anyone who purports to be a budget cutter or fiscal hawk.
The purpose of relating the above is not to suggest any partisanship but only to show that when you push the partisan rhetoric aside no legislator, regardless of party or political philosophy, wants to raise taxes, borrow or cut programs. They can argue all they want and take any positions that they want but when “push comes to shove” there are few, if any, that would qualify to be considered for a mention in “Profiles in Courage”. Secondly, what they do prefer is to have someone else make the tough decisions. So, again this year, they passed the buck to the governor who has the responsibility of making the numbers work, and making taxpayers happy or angry. The relevancy of this item is directly tied to the July 1 beginning of the state fiscal year and the governor’s June 30 announcement of what the state will and won’t be able to afford in FY 2011.
Lobbyist Registration Amendments
All registered state lobbyist and entities have been waiting patiently for the governor to put his signature on SB 1526, the long awaited and debated changes to the Lobbyist Registration and Reporting Act that clarified previous amendments to the Act approved in 2009.
Until January 1 of this year the registration fee was $150 for 501(c)(3) organizations and $350 for everyone else. The new law raised the fee to $1,000 for everyone, and resulted in a lawsuit alleging a violation of free speech. The argument focused on using funds beyond those needed to administer the program for general revenue fund purposes. The courts agreed and negotiations began to determine what the appropriate fee should be. In early May the legislature approved SB 1526 that established the new fee at $300 for all individuals and entities.
The new legislation also provides new lobbing expenditure reporting requirements. For the two, six month periods of 2010 expenditure reports must be filed by July 15 and January 15, 2011. Beginning in January, 2011 expenditure reports must be filed every two weeks within five business days of the close of each two-week period.
The governor received the legislation from the General Assembly on June 4. He has until August 3 to Act but there are some who look at the delay in quick action as a sign of possible disapproval of all or a portion of the final product. If he amends the bill then the soonest that it can take effect is sometime in December, leaving the entire registration process in turmoil and no funds for administration for months. Others suggest that he’s waiting until the beginning of the fiscal year so that all fees paid would be captured in FY 2011. Hopefully, it’s the latter rather than the former opinion that will prevail.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. Only bills that remain alive are listed.
SB 580 – DuPage Water Commission. (Current Status – Governor’s Desk)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Governor’s Desk)
4023 Terramere Avenue
Arlington Heights, Illinois 60004
M E M O R A N D U M
To:
Laurie Dougherty
Gerry Bever
From:
Terry Steczo
Maureen Mulhall
Re: Legislative Report
Date: June 30, 2010
Budget D-Day - July 1
Tomorrow, July 1, is the date that the state fiscal year begins. It is also the date that Gov. Quinn will announce the breadth and depth of cuts and changes to the budget that will be the state’s spending roadmap for the next twelve months. When the legislature left Springfield at the end of May they threw an unbalanced budget document in the governor’s lap and, for the second straight year, left him to make the final spending decisions. The following items also pertain to, in essence, legislative abdication of budget making authority to the governor.
Rumors over the last month have abounded as to where cuts will be made and which programs will be impacted. Human services providers, education interests, and others to whom the state owes money are bracing for the worst as the size of the state deficit has been projected at $13 billion, approximately one-half of state generated revenues that are projected at $26 billion.
Thursday’s announcement will help determine whether that spending roadmap will help point the way to fiscal solvency or a fiscal cliff. Pray for the former but expect the latter.
No Will To Borrow
When the legislature departed Springfield a month ago the session ended in a whimper with no solution to the problem of making the required $3.7 billion pension payment. As you will recall, the House approved borrowing that amount but the Senate never considered the matter, indicating that they were one to three votes short of having the required number of votes. Since approving the measure requires a 60% majority (36 votes) and since 33-35 Democrats have committed, the additional votes would have to come from the ranks of Republicans. In the past month the governor and others have been dredging the harbor looking for those three souls … but, alas, they so far have yet to be found.
Will Dems be able to find one to three (wayward or courageous … insert your word preference based on your philosophy) GOP members to provide those needed votes? Very unlikely. Will the Senate be called back into session to approve the borrowing without them? Not a chance. What if the governor decided to show his mettle and call the General Assembly back into session anyway? It would be a huge risk that could call into question his leadership skills just in front of an election … especially since those Republican votes simply are not going to materialize.
The pension payment controversy is the one big issue that the GOP might feels plays into their favor as the gubernatorial races chugs toward November so that puts some pressure on their legislative members to stay put. Moreover, when two House Republicans jumped and provided the margin of victory for borrowing in the House they were vilified by their caucus members and demoted from positions of legislative leadership.
So, it appears that the state will not have the requisite funding available when pension payments are due on July 15 and September 15. The result will be pension systems being forced to sell assets to make the payments, thereby costing them billions of dollars over the long term. The cost to borrow would be approximately $1 billion in interest payments. While more drastic action to curb the state’s fiscal problems would certainly be in order, the borrowing plan can certainly be looked upon as the lesser of two evils … if it were not an election year and if there was not so much at stake in the upcoming November elections.
“No We Can’t”
Looking back at the 2010 legislative session and the lack of fortitude in fashioning a solution to the budget crisis, one of the most telling moments occurred on May 7, the date that had originally been designated as the final adjournment date. During that afternoon Speaker Michael Madigan first offered the plan to borrow to cover the state pension payments. The bill failed (although later in the month it did pass the House but is languishing in the Senate). Stuck with a $4 billion budget hole with no revenue to fill it, he then offered an amendment to Senate Bill 1211 that offered the only other practical solution … reductions. Or, to use another word, cutting … a word that makes conservatives cheer and salute and liberals sob and quake.
So, lacking any other budget balancing alternatives the amendment was approved, right? Wrong. The amendment was defeated 15-99-2. And it was the conservative members of the House that were those 15? Wrong again. The irony of the story is that the 15 House members who voted “yes” were Democrats. The number of Republicans that voted to cut? Zero. As the day of May 7 ended the Speaker announced that he would leave SB 1211 on the order of 2nd Reading so in the three weeks that the legislature would be in recess any House member could file an amendment to cut anything they thought was excess. How many amendments were filed during that time span? One … and it was not filed by anyone who purports to be a budget cutter or fiscal hawk.
The purpose of relating the above is not to suggest any partisanship but only to show that when you push the partisan rhetoric aside no legislator, regardless of party or political philosophy, wants to raise taxes, borrow or cut programs. They can argue all they want and take any positions that they want but when “push comes to shove” there are few, if any, that would qualify to be considered for a mention in “Profiles in Courage”. Secondly, what they do prefer is to have someone else make the tough decisions. So, again this year, they passed the buck to the governor who has the responsibility of making the numbers work, and making taxpayers happy or angry. The relevancy of this item is directly tied to the July 1 beginning of the state fiscal year and the governor’s June 30 announcement of what the state will and won’t be able to afford in FY 2011.
Lobbyist Registration Amendments
All registered state lobbyist and entities have been waiting patiently for the governor to put his signature on SB 1526, the long awaited and debated changes to the Lobbyist Registration and Reporting Act that clarified previous amendments to the Act approved in 2009.
Until January 1 of this year the registration fee was $150 for 501(c)(3) organizations and $350 for everyone else. The new law raised the fee to $1,000 for everyone, and resulted in a lawsuit alleging a violation of free speech. The argument focused on using funds beyond those needed to administer the program for general revenue fund purposes. The courts agreed and negotiations began to determine what the appropriate fee should be. In early May the legislature approved SB 1526 that established the new fee at $300 for all individuals and entities.
The new legislation also provides new lobbing expenditure reporting requirements. For the two, six month periods of 2010 expenditure reports must be filed by July 15 and January 15, 2011. Beginning in January, 2011 expenditure reports must be filed every two weeks within five business days of the close of each two-week period.
The governor received the legislation from the General Assembly on June 4. He has until August 3 to Act but there are some who look at the delay in quick action as a sign of possible disapproval of all or a portion of the final product. If he amends the bill then the soonest that it can take effect is sometime in December, leaving the entire registration process in turmoil and no funds for administration for months. Others suggest that he’s waiting until the beginning of the fiscal year so that all fees paid would be captured in FY 2011. Hopefully, it’s the latter rather than the former opinion that will prevail.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. Only bills that remain alive are listed.
SB 580 – DuPage Water Commission. (Current Status – Governor’s Desk)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Governor’s Desk)
Tuesday, July 13, 2010
Keeping Your Employees Safe & Avoiding Emergencies: Electrical Hazard Assessments, Going Beyond The Arc Flash Study
Tuesday, July 27, 2010 - 8:00am-12:00pm
Ottawa City Hall
301 West Madison Street, Ottawa, IL 61350
Ph: 815-433-0161
Quick Links:
click here for PDF flyer
click here to register now online
TOPIC:
OSHA 29 CFR 1910 requires that employers assess their workplace for hazards. Employers must also provide personal protective equipment (PPE) that must be worn by personnel when working in potentially hazardous areas and training for their employees to understand the hazards they may encounter. These efforts can reduce emergency situations. NFPA 70E and IEEE 1584 provide procedures on “how to” assess electrical equipment, specifically in regards to determining incident energy levels present in a fault condition. These energy levels and the system voltage determine the arc flash limited, restricted, and prohibited approach boundaries.
In the 2009 update of NFPA 70E, new requirements related to Category 1 PPE, an exception for 240 volt and lower voltage equipment, recordkeeping requirements, and a new Annex D with consolidated equations and tables have been added. The update also includes text to define the need for an Energized Electric Work Permit.
The NEC requires electrical equipment that is likely to require examination, adjustment, service, or maintenance while energized
to be “field marked” or labeled.
This training will provide a step-by-step approach to completing an electrical hazard assessment, including an arc flash study, of your facilities. A discussion on how the recent changes in NFPA 70E apply to you and an overview of options to lower an equipment item’s required PPE Category so your staff can operate and maintain equipment more comfortably and safely will be included. Training will also address the benefits of developing a computer model of your electrical distribution system for future system analysis, load flow evaluations, voltage drop calculations, and evaluation of nuisance tripping events.
SPEAKER:
Steve Palac, Greeley and Hansen, spalac@greeley-hansen.com
Dan Dragan, Greeley and Hansen, ddragan@greeley-hansen.com
REGISTRATION & HOURS:
Registration begins at 7:30am The training will start at 8:00am and will conclude by 12:00pm. Earn up to 4 PDHs or RTC hours. Continental breakfast will be included.
COST:
$35.00 for AWWA members • $45.00 for non AWWA members • $55.00 for on-site registration
Ottawa City Hall
301 West Madison Street, Ottawa, IL 61350
Ph: 815-433-0161
Quick Links:
click here for PDF flyer
click here to register now online
TOPIC:
OSHA 29 CFR 1910 requires that employers assess their workplace for hazards. Employers must also provide personal protective equipment (PPE) that must be worn by personnel when working in potentially hazardous areas and training for their employees to understand the hazards they may encounter. These efforts can reduce emergency situations. NFPA 70E and IEEE 1584 provide procedures on “how to” assess electrical equipment, specifically in regards to determining incident energy levels present in a fault condition. These energy levels and the system voltage determine the arc flash limited, restricted, and prohibited approach boundaries.
In the 2009 update of NFPA 70E, new requirements related to Category 1 PPE, an exception for 240 volt and lower voltage equipment, recordkeeping requirements, and a new Annex D with consolidated equations and tables have been added. The update also includes text to define the need for an Energized Electric Work Permit.
The NEC requires electrical equipment that is likely to require examination, adjustment, service, or maintenance while energized
to be “field marked” or labeled.
This training will provide a step-by-step approach to completing an electrical hazard assessment, including an arc flash study, of your facilities. A discussion on how the recent changes in NFPA 70E apply to you and an overview of options to lower an equipment item’s required PPE Category so your staff can operate and maintain equipment more comfortably and safely will be included. Training will also address the benefits of developing a computer model of your electrical distribution system for future system analysis, load flow evaluations, voltage drop calculations, and evaluation of nuisance tripping events.
SPEAKER:
Steve Palac, Greeley and Hansen, spalac@greeley-hansen.com
Dan Dragan, Greeley and Hansen, ddragan@greeley-hansen.com
REGISTRATION & HOURS:
Registration begins at 7:30am The training will start at 8:00am and will conclude by 12:00pm. Earn up to 4 PDHs or RTC hours. Continental breakfast will be included.
COST:
$35.00 for AWWA members • $45.00 for non AWWA members • $55.00 for on-site registration
Thursday, July 8, 2010
Coagulation in Water Treatment
Tuesday, July 13, 2010 - 8:00am-12:00pm
City Water Light & Power (CWLP)
200 East Lake Shore Drive, Springfield, IL 62712
Facility Ph: 217-757-8660
Quick Links:
click here for PDF flyer
click here to register now online
TOPIC:
The goal of this seminar is to provide information that will help water treatment plant operators effectively control the coagulation process, improve effluent quality and reduce operational costs. This seminar includes the following topics:
• Coagulation mechanisms
• Review of coagulants commonly used in water treatment practice
• Major factors affecting coagulation
• Natural organic matter and its effect on coagulation
• Raw water quality monitoring requirements
• Coagulant feed control methods
• Major principles of selecting optimal coagulant
• Effect of rapid and flocculation mixing on coagulation control and effluent quality
• Effect of coagulation on filtration
• Coagulation and softening
Each topic includes general theory, if applicable, and practical examples.
SPEAKER:
Alex Yavich, Optimization Solutions Environmental, LLC, yavichal@osenv.com
REGISTRATION & HOURS:
Registration begins at 7:30am The training will start at 8:00am and will conclude by 12:00pm. Earn up to 4 PDHs or RTC hours. Continental breakfast will be included.
COST:
$35.00 for AWWA members • $45.00 for non AWWA members • $55.00 for on-site registration
City Water Light & Power (CWLP)
200 East Lake Shore Drive, Springfield, IL 62712
Facility Ph: 217-757-8660
Quick Links:
click here for PDF flyer
click here to register now online
TOPIC:
The goal of this seminar is to provide information that will help water treatment plant operators effectively control the coagulation process, improve effluent quality and reduce operational costs. This seminar includes the following topics:
• Coagulation mechanisms
• Review of coagulants commonly used in water treatment practice
• Major factors affecting coagulation
• Natural organic matter and its effect on coagulation
• Raw water quality monitoring requirements
• Coagulant feed control methods
• Major principles of selecting optimal coagulant
• Effect of rapid and flocculation mixing on coagulation control and effluent quality
• Effect of coagulation on filtration
• Coagulation and softening
Each topic includes general theory, if applicable, and practical examples.
SPEAKER:
Alex Yavich, Optimization Solutions Environmental, LLC, yavichal@osenv.com
REGISTRATION & HOURS:
Registration begins at 7:30am The training will start at 8:00am and will conclude by 12:00pm. Earn up to 4 PDHs or RTC hours. Continental breakfast will be included.
COST:
$35.00 for AWWA members • $45.00 for non AWWA members • $55.00 for on-site registration
Tuesday, May 18, 2010
Looking for a presenter (s) - Security Technology and Security Measures
The Illinois Section is in need of a presenter(s) for the following topic - please let us know if you have anyone that can help us out on a previously scheduled seminar.
Security Technology and Security Measures
This course will discuss and address in detail the security concerns that water operators have in the volatile world we live in today. The course will discuss the obstacles water operators have from technology/infrastructure challenges to the budgetary challenges that exist, and how these challenges can be overcome by utilizing the right technologies. The topics of discussion will be:
• Securing the perimeter of a facility or several facilities
• Systems integration - How to integrate access control, video, and other technologies into one platform - and make operations seamless
• How to leverage the existing SCADA systems as a backbone for security
• How to use cameras effectively to secure a facility or facilities - The benefits of using IP vs. Analog cameras
• Is wireless the right way to go?
• How do you know if you have the right systems integrator or engineer designing your security?
Call Lisa at 866-521-3595 ext 2 if you would like to refer a speaker or offer to present on this topic.
Security Technology and Security Measures
This course will discuss and address in detail the security concerns that water operators have in the volatile world we live in today. The course will discuss the obstacles water operators have from technology/infrastructure challenges to the budgetary challenges that exist, and how these challenges can be overcome by utilizing the right technologies. The topics of discussion will be:
• Securing the perimeter of a facility or several facilities
• Systems integration - How to integrate access control, video, and other technologies into one platform - and make operations seamless
• How to leverage the existing SCADA systems as a backbone for security
• How to use cameras effectively to secure a facility or facilities - The benefits of using IP vs. Analog cameras
• Is wireless the right way to go?
• How do you know if you have the right systems integrator or engineer designing your security?
Call Lisa at 866-521-3595 ext 2 if you would like to refer a speaker or offer to present on this topic.
Saturday, May 1, 2010
ISAWWA - Legislative Update
Where’s the Beef?
With only one week left until the scheduled adjournment of the spring legislative session, individual legislators are busy as beavers trying to beat next Friday’s deadline for passing bills. As in previous years, appropriations committees have been holding hearings and quizzing state agency personnel about budget requests. The atmosphere in the Capitol Building is such that an uninformed person would have little idea that the state of Illinois is very close to driving over the fiscal cliff. But so far the real budget talks, those between the legislative leaders and the Governor, have not yet begun. There may not be much to talk about, but if the targeted May 7 adjournment date is going to be a reality some fiscal plan and blueprint is going to have to be put on the table soon.
Last year, as the budget prognosis was getting bleaker by the day, large rallies were held at the Capitol on almost a weekly basis to encourage legislators to “do the right thing” and increase state revenues. This year, by contrast, there has been one huge rally attended by an approximate 15,000 people, but by and large demonstrations but they have been far smaller and much less demonstrative. Even with the state’s fiscal condition in far worse shape than last year. And the reason? Perhaps the realization that nothing revenue related will probably happen until after November’s elections. Or, with the Governor himself requesting an education-only increase, at least at this time, the wind may have been taken out of the sails of human services organizations that were the vocal stalwarts in the “Drive for Five” (the increase in the income tax rate to 5% as proposed in HB 174) in 2009.
The expectation is that sometime on or after May 7 the legislature will approve a lump sum budget and head for home. Whether additional borrowing is part of that plan is unknown, but since the approval of additional bonding authority requires a three-fifths majority it may be a difficult chore. Democrats do have a three-fifths vote in the Senate but are one vote shy in the House. There were also reports this week that House Democratic leaders were polling their members to determine their positions on various other points that may be in the mix as a new budget is crafted. Among those are granting the governor emergency fiscal powers, similar to powers given to Governor Edgar a number of years ago; an increase in the cigarette tax; a possible tax amnesty program; borrowing; tapping into the tobacco settlement funds, and program reductions, including human services programs.Stay tuned.
With one week to go there should be some plan details that could emerge shortly about the final budget product and whether or not any effort will be made to vote on any additional revenues to bolster the state’s eroding bottom line. The best guess is no. Will they hit the May 7 target adjournment date? That guess is also no, but it could be very close.
Skewed Battle Lines
In an interesting early twist to what may be a fairly “twistful” gubernatorial race, former Governor Jim Edgar did state Sen. Bill Brady, his party’s candidate, no favors when he made an appearance at Elmhurst College last week.
According to a Daily Herald report on April 9, Edgar commented that, in his opinion, Brady is wrong on Illinois' budget crisis. Edgar was quoted as saying, “There is no easy way out of the mess we are in.,” and "I give Governor Quinn credit for having the courage to call for a tax increase in an election year."
Edgar also mentioned that while it was his feeling that Brady truly believed he could solve the deficit problem without raising taxes, he thought that Brady needed to "flush out his budget policies" more. The report also indicated that previously Edgar had described Brady's plan for a 10 percent across-the-board cut "naïve.”
The criticism of Brady’s position on the budget deficit should not, however, be construed as any endorsement of Governor Quinn. In his remarks Edgar admonished Quinn to think before the makes statements, suggesting that Quinn’s frequent flip-flops have hurt his credibility.
Constitutional Amendments
Keep your eye on May 2, only a few days away. With the exception of proposed amendments to the Legislative Article, all proposed amendments to the Illinois Constitution must be approved by the General Assembly at least six months before they appear on the ballot. The Legislative Article is the only portion of the Constitution where amendments can be proposed via petition, but the six month deadline also applies.
Unlike other states, Illinois is limited to only three constitutional amendment referenda per general election. “Ah,” to quote Hamlet, “There’s the rub.” That limitation could be the Illinois “rub” as we progress toward May 2. Why? Redistricting, why else?
If the upcoming November elections end badly for Republicans and Democrats maintain control of the legislature and the governor’s office it will mark the first time since the adoption of the 1970 Illinois Constitution that one party will be able to control the redistricting process. If that were to come to pass it would also mean that Republicans most probably would be relegated to minority party status for the next decade. Obviously, the GOP wants no part of that so they’ve decided to join in an effort to try to change the redistricting process. There is a petition drive underway to put a redistricting constitutional amendment on the November ballot. Proponents claim it qualifies because it pertains to the legislature. Opponents, on the other hand, state that the constitution limits legislative changes to structure and procedure so a redistricting question would be out of bounds. If enough signatures are gathered and certified, the courts will have to decide what is in bounds or out.
But wait, there’s more. So as not to take chances just in case the redistricting reform movement does qualify for the ballot, legislative Democrats are eying that three question limitation. If they are able to approve three amendment questions before the redistricting question is certified then they may be able to squeeze it out. Last year a question was approved relating to gubernatorial recall so one ballot question will be appearing in November. A host of other ballot questions ranging from abolishing the office of Lieutenant Governor, to approving a graduated income tax, to providing for more explicit judicial qualifications have been introduced. To qualify for the ballot those questions must be approved by a three-fifths majority in both legislative chambers. Democrats have that number in the Senate but fall one vote short in the House. So, it may be that the “squeeze” strategy will fail.
The irony is that if places were reversed the Democrats and Republicans would be following the same game plans. One group trying to protect its constitutional right to remap, and the other wanting to promote a new way to insert “fairness” into the process. The definition of “fairness” in this case would be simply to “stop the other guy from controlling the process”. A second irony would occur if the GOP were able to capture one of the two legislative chambers or the governor’s office in November. It would give them a 50/50 shot at controlling the remap process, and they would be giving themselves a good kick for dallying into the world of reform and “fairness”.
DuPage Water Commission
It’s not unusual to have local problems acted upon by the state legislature. Sprinkle a bit of politics into the mix and things can get pretty interesting on the road to resolution. When charges of mismanagement were levied at the DuPage Water Commission a few months ago the presumptive winner of the race to the helm of the DuPage County Board, state Sen. Dan Cronin, jumped into action, introducing legislation (SB 580) to rectify the problem by abolishing the Commission and transferring its authority to DuPage County government. Various iterations of the legislation followed and debate raged both about the propriety of abolishing the Commission and the manner in which such action, if any, should be taken. The ISAWWA position is that since the Commission was created by voter referendum it should be abolished in the same manner.
This past week a breakthrough occurred that may resolve the issue and limit the resolution to the DuPage County Water Commission itself. The proposed amendment terminates the appointments of current board members. New members will be appointed by the DuPage County Board. The legislation also specifies the powers and duties of various Commission personnel. Lastly, the proposal specifies that beginning June 1, 2016 any taxes currently imposed will no longer be continued unless approved by referendum.
The bill in its amended form was approved by the House on April 30 by a vote of 111-1-3. It now goes back to the Senate for approval of the House amendment.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. A re-referral generally indicates that a bill will no longer be considered. However, some sponsors will file motions asking for extended deadlines. Those requests are honored in some limited cases.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 6120 - Makes it a violation to fail to (1) submit to the Agency a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit. Authorizes certain violations of the Act and rules adopted under its authority to be enforced by administrative citation. (Current Status – Re-referred to Rules Committee - Dead)
SB 580 – DuPage Water Commission. (Current Status – Passed House; Senate - Concurrence)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Passed Senate; House – Executive Committee)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Passed House; Senate - Concurrence)
With only one week left until the scheduled adjournment of the spring legislative session, individual legislators are busy as beavers trying to beat next Friday’s deadline for passing bills. As in previous years, appropriations committees have been holding hearings and quizzing state agency personnel about budget requests. The atmosphere in the Capitol Building is such that an uninformed person would have little idea that the state of Illinois is very close to driving over the fiscal cliff. But so far the real budget talks, those between the legislative leaders and the Governor, have not yet begun. There may not be much to talk about, but if the targeted May 7 adjournment date is going to be a reality some fiscal plan and blueprint is going to have to be put on the table soon.
Last year, as the budget prognosis was getting bleaker by the day, large rallies were held at the Capitol on almost a weekly basis to encourage legislators to “do the right thing” and increase state revenues. This year, by contrast, there has been one huge rally attended by an approximate 15,000 people, but by and large demonstrations but they have been far smaller and much less demonstrative. Even with the state’s fiscal condition in far worse shape than last year. And the reason? Perhaps the realization that nothing revenue related will probably happen until after November’s elections. Or, with the Governor himself requesting an education-only increase, at least at this time, the wind may have been taken out of the sails of human services organizations that were the vocal stalwarts in the “Drive for Five” (the increase in the income tax rate to 5% as proposed in HB 174) in 2009.
The expectation is that sometime on or after May 7 the legislature will approve a lump sum budget and head for home. Whether additional borrowing is part of that plan is unknown, but since the approval of additional bonding authority requires a three-fifths majority it may be a difficult chore. Democrats do have a three-fifths vote in the Senate but are one vote shy in the House. There were also reports this week that House Democratic leaders were polling their members to determine their positions on various other points that may be in the mix as a new budget is crafted. Among those are granting the governor emergency fiscal powers, similar to powers given to Governor Edgar a number of years ago; an increase in the cigarette tax; a possible tax amnesty program; borrowing; tapping into the tobacco settlement funds, and program reductions, including human services programs.Stay tuned.
With one week to go there should be some plan details that could emerge shortly about the final budget product and whether or not any effort will be made to vote on any additional revenues to bolster the state’s eroding bottom line. The best guess is no. Will they hit the May 7 target adjournment date? That guess is also no, but it could be very close.
Skewed Battle Lines
In an interesting early twist to what may be a fairly “twistful” gubernatorial race, former Governor Jim Edgar did state Sen. Bill Brady, his party’s candidate, no favors when he made an appearance at Elmhurst College last week.
According to a Daily Herald report on April 9, Edgar commented that, in his opinion, Brady is wrong on Illinois' budget crisis. Edgar was quoted as saying, “There is no easy way out of the mess we are in.,” and "I give Governor Quinn credit for having the courage to call for a tax increase in an election year."
Edgar also mentioned that while it was his feeling that Brady truly believed he could solve the deficit problem without raising taxes, he thought that Brady needed to "flush out his budget policies" more. The report also indicated that previously Edgar had described Brady's plan for a 10 percent across-the-board cut "naïve.”
The criticism of Brady’s position on the budget deficit should not, however, be construed as any endorsement of Governor Quinn. In his remarks Edgar admonished Quinn to think before the makes statements, suggesting that Quinn’s frequent flip-flops have hurt his credibility.
Constitutional Amendments
Keep your eye on May 2, only a few days away. With the exception of proposed amendments to the Legislative Article, all proposed amendments to the Illinois Constitution must be approved by the General Assembly at least six months before they appear on the ballot. The Legislative Article is the only portion of the Constitution where amendments can be proposed via petition, but the six month deadline also applies.
Unlike other states, Illinois is limited to only three constitutional amendment referenda per general election. “Ah,” to quote Hamlet, “There’s the rub.” That limitation could be the Illinois “rub” as we progress toward May 2. Why? Redistricting, why else?
If the upcoming November elections end badly for Republicans and Democrats maintain control of the legislature and the governor’s office it will mark the first time since the adoption of the 1970 Illinois Constitution that one party will be able to control the redistricting process. If that were to come to pass it would also mean that Republicans most probably would be relegated to minority party status for the next decade. Obviously, the GOP wants no part of that so they’ve decided to join in an effort to try to change the redistricting process. There is a petition drive underway to put a redistricting constitutional amendment on the November ballot. Proponents claim it qualifies because it pertains to the legislature. Opponents, on the other hand, state that the constitution limits legislative changes to structure and procedure so a redistricting question would be out of bounds. If enough signatures are gathered and certified, the courts will have to decide what is in bounds or out.
But wait, there’s more. So as not to take chances just in case the redistricting reform movement does qualify for the ballot, legislative Democrats are eying that three question limitation. If they are able to approve three amendment questions before the redistricting question is certified then they may be able to squeeze it out. Last year a question was approved relating to gubernatorial recall so one ballot question will be appearing in November. A host of other ballot questions ranging from abolishing the office of Lieutenant Governor, to approving a graduated income tax, to providing for more explicit judicial qualifications have been introduced. To qualify for the ballot those questions must be approved by a three-fifths majority in both legislative chambers. Democrats have that number in the Senate but fall one vote short in the House. So, it may be that the “squeeze” strategy will fail.
The irony is that if places were reversed the Democrats and Republicans would be following the same game plans. One group trying to protect its constitutional right to remap, and the other wanting to promote a new way to insert “fairness” into the process. The definition of “fairness” in this case would be simply to “stop the other guy from controlling the process”. A second irony would occur if the GOP were able to capture one of the two legislative chambers or the governor’s office in November. It would give them a 50/50 shot at controlling the remap process, and they would be giving themselves a good kick for dallying into the world of reform and “fairness”.
DuPage Water Commission
It’s not unusual to have local problems acted upon by the state legislature. Sprinkle a bit of politics into the mix and things can get pretty interesting on the road to resolution. When charges of mismanagement were levied at the DuPage Water Commission a few months ago the presumptive winner of the race to the helm of the DuPage County Board, state Sen. Dan Cronin, jumped into action, introducing legislation (SB 580) to rectify the problem by abolishing the Commission and transferring its authority to DuPage County government. Various iterations of the legislation followed and debate raged both about the propriety of abolishing the Commission and the manner in which such action, if any, should be taken. The ISAWWA position is that since the Commission was created by voter referendum it should be abolished in the same manner.
This past week a breakthrough occurred that may resolve the issue and limit the resolution to the DuPage County Water Commission itself. The proposed amendment terminates the appointments of current board members. New members will be appointed by the DuPage County Board. The legislation also specifies the powers and duties of various Commission personnel. Lastly, the proposal specifies that beginning June 1, 2016 any taxes currently imposed will no longer be continued unless approved by referendum.
The bill in its amended form was approved by the House on April 30 by a vote of 111-1-3. It now goes back to the Senate for approval of the House amendment.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. A re-referral generally indicates that a bill will no longer be considered. However, some sponsors will file motions asking for extended deadlines. Those requests are honored in some limited cases.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House – Re-referred to Rules Committee - Dead)
HB 6120 - Makes it a violation to fail to (1) submit to the Agency a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit. Authorizes certain violations of the Act and rules adopted under its authority to be enforced by administrative citation. (Current Status – Re-referred to Rules Committee - Dead)
SB 580 – DuPage Water Commission. (Current Status – Passed House; Senate - Concurrence)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Passed Senate; House – Executive Committee)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Passed House; Senate - Concurrence)
Tuesday, April 27, 2010
Gas Chlorination Safety: Scrubbers, Containment & Emergency Shutoff Systems WEBINAR
Thursday, April 29, 2010
12:00pm - 1:00pm CST - At your computer
click here to register online
Topic:
Many water plants and remote ground water well sites still use gas chlorine for disinfection. Gas chlorine represents a significant safety hazard to operators. Introduction to options available to plants to keep operators safe.
Speaker:
Steve Truitt, PE, Drydon Equipment Inc.
Steve, Truitt, PE. BS in Civil Engineering from University of Illinois. Twenty years experience in water and wastewater equipment industry having worked for two manufacturers and as a sales rep in northern IL for the past 8 years.
Registration & Hours:
This training webinar will begin at 12:00pm and conclude by 1:00pm. Earn up to 1 PDH or RTC hour. After registration, attendee will be furnished with all materials and links needed to participate in the webinar.
Cost:
$15.00 for AWWA members
$25.00 for non AWWA members
12:00pm - 1:00pm CST - At your computer
click here to register online
Topic:
Many water plants and remote ground water well sites still use gas chlorine for disinfection. Gas chlorine represents a significant safety hazard to operators. Introduction to options available to plants to keep operators safe.
Speaker:
Steve Truitt, PE, Drydon Equipment Inc.
Steve, Truitt, PE. BS in Civil Engineering from University of Illinois. Twenty years experience in water and wastewater equipment industry having worked for two manufacturers and as a sales rep in northern IL for the past 8 years.
Registration & Hours:
This training webinar will begin at 12:00pm and conclude by 1:00pm. Earn up to 1 PDH or RTC hour. After registration, attendee will be furnished with all materials and links needed to participate in the webinar.
Cost:
$15.00 for AWWA members
$25.00 for non AWWA members
Tuesday, April 20, 2010
Joint Topic Seminar: Sampling Techniques & Porta-Tower Systems & The Advantages of VFD's
Thursday, April 22, 2010 - Princeton, IL
Tuesday, May 18, 2010 - East Peoria, IL
click here to register online
Topics
Sampling collection do’s and don’ts. Also covered will be sampling and testing procedures for IOC’s, fluoride, nitrate and nitrite, SOC’s, VOC’s, disinfection by-products, and bacteriological samples. The seminar will conclude with a discussion of lab procedures to ensure the integrity of your samples and IEPA data filing and compliance procedures.
Traditional methods of taking water towers offline for inspection and repairs involve pressure relief valves and pumping water to waste in order to maintain system pressure. This method results in literally millions of gallons pumped to waste and high electrical costs for pumping treated water to the drain. With everyone having to eventually maintain their water towers, water departments have the option to utilize a Porta-Tower System to maintain system pressure as well as to save on electrical costs and water pumped to waste. The system utilizes VFD’s and large portable pressure tanks to take the place of elevated storage and hydropneumatic tanks while they are out of service. This provides a constant pressure system utilizing the existing pumps that offer cost savings to clients.
VFD’s are used to maintain a constant pressure to the system and to eliminate water hammer in your lines. You can also benefit from the use of variable frequency drives on everyday applications by saving on power consumption as well as offering motor protection. VFD’s are the next generation in starting controls for motors and we will discuss applications and the benefits of them.
Speakers
Andy Groeper, Suburban Labs (morning session on Sampling Techniques)
Andy has over 25 years of marketing management experience, over 17 in the laboratory industry. He completed two years of undergraduate study as a biology major and chemistry minor before switching his major to marketing. While completing his BS in marketing from Bradley University, he was a laboratory research technician performing analytical tests on oils and metals in an industrial lab. After graduation Andy worked in several marketing services firms executing market research studies and developing database driven marketing programs.
Todd E. Kerry, Water Well Solutions (afternoon session on Porta-Towers)
Todd E. Kerry is a graduate of the Northern Illinois University, DeKalb, IL and worked his way through College as a third generation water well drilling and pump installation contractor with Meadow Equipment Sales & Service, Inc. After graduating, he spent 3 years in the field as a pump installer and drilling assistant on rotary and cable tool projects with Meadow Equipment. In 1998 he was promoted to a Project Engineer were he continued until 2009 when he joined WWS as a Senior Project Manager in Coal City, IL. He also sits on the Board of Directors with the Illinois Association of Groundwater Professionals being elected by his peers to represent them.
Tim Kelly, Water Well Solutions (afternoon session on Porta-Towers)
Timothy L. Kelly is a graduate of the University of Missouri with a Bachelor of Science degree in Agricultural Mechanization. Tim spent 14 years as project engineer and vice president of Brotcke Well & Pump in St. Louis, Missouri. He joined the Water Well Solutions in the spring of 2004 as project engineer and is now acting Vice President of the Illinois Division based out of Coal City, IL.
Dates & Locations
Thursday, April 22, 2010
City Hall (Fireman’s Training Room)
2 S Main Street
Princeton, IL 61356
Ph: 815-879-8066
Cost
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Registration & Hours
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Tuesday, May 18, 2010 - East Peoria, IL
click here to register online
Topics
Sampling collection do’s and don’ts. Also covered will be sampling and testing procedures for IOC’s, fluoride, nitrate and nitrite, SOC’s, VOC’s, disinfection by-products, and bacteriological samples. The seminar will conclude with a discussion of lab procedures to ensure the integrity of your samples and IEPA data filing and compliance procedures.
Traditional methods of taking water towers offline for inspection and repairs involve pressure relief valves and pumping water to waste in order to maintain system pressure. This method results in literally millions of gallons pumped to waste and high electrical costs for pumping treated water to the drain. With everyone having to eventually maintain their water towers, water departments have the option to utilize a Porta-Tower System to maintain system pressure as well as to save on electrical costs and water pumped to waste. The system utilizes VFD’s and large portable pressure tanks to take the place of elevated storage and hydropneumatic tanks while they are out of service. This provides a constant pressure system utilizing the existing pumps that offer cost savings to clients.
VFD’s are used to maintain a constant pressure to the system and to eliminate water hammer in your lines. You can also benefit from the use of variable frequency drives on everyday applications by saving on power consumption as well as offering motor protection. VFD’s are the next generation in starting controls for motors and we will discuss applications and the benefits of them.
Speakers
Andy Groeper, Suburban Labs (morning session on Sampling Techniques)
Andy has over 25 years of marketing management experience, over 17 in the laboratory industry. He completed two years of undergraduate study as a biology major and chemistry minor before switching his major to marketing. While completing his BS in marketing from Bradley University, he was a laboratory research technician performing analytical tests on oils and metals in an industrial lab. After graduation Andy worked in several marketing services firms executing market research studies and developing database driven marketing programs.
Todd E. Kerry, Water Well Solutions (afternoon session on Porta-Towers)
Todd E. Kerry is a graduate of the Northern Illinois University, DeKalb, IL and worked his way through College as a third generation water well drilling and pump installation contractor with Meadow Equipment Sales & Service, Inc. After graduating, he spent 3 years in the field as a pump installer and drilling assistant on rotary and cable tool projects with Meadow Equipment. In 1998 he was promoted to a Project Engineer were he continued until 2009 when he joined WWS as a Senior Project Manager in Coal City, IL. He also sits on the Board of Directors with the Illinois Association of Groundwater Professionals being elected by his peers to represent them.
Tim Kelly, Water Well Solutions (afternoon session on Porta-Towers)
Timothy L. Kelly is a graduate of the University of Missouri with a Bachelor of Science degree in Agricultural Mechanization. Tim spent 14 years as project engineer and vice president of Brotcke Well & Pump in St. Louis, Missouri. He joined the Water Well Solutions in the spring of 2004 as project engineer and is now acting Vice President of the Illinois Division based out of Coal City, IL.
Dates & Locations
Thursday, April 22, 2010
City Hall (Fireman’s Training Room)
2 S Main Street
Princeton, IL 61356
Ph: 815-879-8066
Cost
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Registration & Hours
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Tuesday, April 6, 2010
Legislative Report 3-31-10
Government Strategy Associates
4023 Terramere Avenue
Arlington Heights, Illinois 60004
M E M O R A N D U M
To: Laurie Dougherty
Gerry Bever
From: Terry Steczo
Maureen Mulhall
Re: Legislative Report
Date: March 31, 2010
The Pause That Refreshes?
A two-week hiatus. The final pit stop in the race (or crawl) toward adjournment of the 2010 legislative session. In approximately six weeks we’ll have an idea as to whether or not the General Assembly will cruise across the finish line, or sputter and choke and leave its owner(s) and crew with a jalopy in horrific condition and a mountainous “repair bill”. The smart odds may be on the latter.
The legislature has reached its technical halfway point and when it returns from its break will begin the process of finalizing action on many of the bills that have been approved by the first chamber and now will be considered by the second. They will also try to get their arms around a budget, and that shouldn’t be a problem this year with the emaciated state of the Illinois treasury.
What many consider to be “Nightmare on Monroe Street” began a few weeks ago when Governor Pat Quinn gave a short, fairly quiet budget message that painted a dismal picture of state finances and that offered cuts, borrowing and a proposed 1% education income tax surcharge to help Illinois get through the next fiscal year. He referred to the state of Illinois’ finances as a “crisis of epic proportions” and indicated that the structural deficit would be in the $13 billion range. But, he also indicated he was “an optimist but also a realist” so, realizing the legislature’s lack of spirit on the question of revenue generation and taxes, he throttled back on any overtly aggressive approach to new revenue.
Rather than throw down the gauntlet to the legislature Gov. Quinn suggested that given the fiscal constraints providing the pared down budget was the best he could do given the lack of available resources. Requesting authority to borrowing $5 billion will, for now provide the revenue stream that will be required to allow the state to provide a minimal level of services, according to the Governor. But, since the issuance of new bonds requires a three-fifths vote in the legislature this scenario can’t occur without at least some Republicans jumping on board … and they’re not even close to approaching the station yet. Nor will they be. So, we’re probably back to square one on that front.
A good deal of the Governor’s initial plan focuses on maximizing federal matching dollars. Efforts are being made to transfer programs and services as much as possible from general revenue funding to Medicaid. In those cases current non-Medicaid caseloads will be grandfathered and new non-Medicaid individuals will either not be served or will be resigned to be placed on waiting lists.
Mental health services were particularly hard hit. During the Department of Human Services budget briefing it was estimated that between 23 and 87 service agencies may fail and 3,800 jobs may be lost due to the cuts that would have to be endured. Thousands of individuals would be unable to receive services. Non-Medicaid related community-based mental health services would also be eliminated, according to the Department.
The Governor’s suggestion of the 1% education income tax surcharge was unexpected and carries great future risk. If there is some chance that the legislature will address this tax issue does that poison the prospect of doing the remainder of what’s necessary later? The 1% represents only about a third of what is needed to only start to straighten out the fiscal hole. The General Assembly does not act on tax questions lightly. If there is only going to be one bite at the apple, is this the bite that is preferred? Second, what happens to human services providers that have been revenue enhancement stalwarts during the last year? They were seemingly left at the gate on Wednesday, having to contend with even longer prolonged payment cycles, devastating cuts and the potential closure of scores of service providers doors while education gets targeted for some relief.
After the speech Sen. Bill Brady, the GOP nominee for Governor, called Quinn’s budget proposal a “catastrophe” but didn’t, and hasn’t, gone into detail about how he would balance the budget with the 10% across-the-board-cut and a tax reductions he recommends.
The proverbial ball is now in the legislature’s court. After the speech House Speaker Michael Madigan seemed to quash the idea of any tax increase saying that people don’t want one because they’re “hurting”. So, with bonding apparently doomed and with the 1% tax surcharge for education on a respirator, the Governor’s initial budget plan is about as sound as a house in Haiti. Shaky, at best.
Don’t expect to see anything too heroic to occur in the legislature between now and the end of the fiscal year. There has been rumor that the legislature may just punt like they did last year, send the Governor a six-month lump sum budget and then deal with it after November. Of all the scenarios it probably seems the most likely at this point in time.
The legislature heads into its own “Final Four” – the last four weeks of the legislative session – beginning April 13 and there’s a full plate of issues to be resolved, all of them overshadowed by the whopping $13 billion projected deficit.
As the clock ticks and the rhetoric from both political parties becomes magnified, look for a series of non-solutions relating to the budget with some resolution of some major policy questions by the end of April. The odds may not be in favor at this point of an adjournment on May 7, but there is no doubt that legislators will be home for the summer/fall campaign season by the end of May at the latest. If not, then it could spell trouble for Governor Quinn. He needs to show that his decisiveness and prove his leadership credentials and the last weeks of a legislative session are a good time to do that. A blunder could prove very costly, even against an opponent that is perceived to be weak. Democrats will be doing everything possible in the coming weeks and months to avoid another 1994 when they lost control of the legislature and all of state government. Republicans, on the other hand, will use their last once of energy trying to invoke the spirit of 1994 to wrestle control of either the Governor’s office or one of the chambers of the General Assembly. With redistricting on the horizon in 2011, their political lives depend on it.
The legislature stunned everyone this past week by passing a huge pension reform package in just one day over the objections of every public employee and teachers union in the state. East coast bond houses wanted some sign from the legislature before April bond sales that the state was serious about getting pensions costs under control. Under threat of having higher interest rates imposed the legislature acted swiftly and decisively and created a new set of pension standards for new hires, including caps on benefits and an increase in the age to qualify for full benefits to 67. With the exception of the Chicago Tribune, observers who had cried out for the need for significant pension reform seemed pleased.
Game On
Nearly two months after the February primary election the tickets are finally complete, so it’s on to November! With Sen. Bill Brady’s nomination certified and Sen. Kirk Dillard’s gracious concession, the top of the Republican ticket for the fall election has been set for a few weeks. Now, with the Democrats having selected Sheila Simon of Carbondale, daughter of former Lt. Governor and U.S. Senator Paul Simon, as their choice as Governor Quinn’s running mate, the campaigns can gain full heads of steam heading into the upcoming campaign season.
The February primary election experiment has now officially come to an end. Governor Quinn has signed legislation to move the primary election back to March in 2012.
Democrats will insist that Brady’s views are Neanderthal and his running mate, 27 year old Jason Plummer is ill-equipped to take the reins of government should there be a gubernatorial vacancy. Republicans, on the other hand, will try to prove Quinn to be an indecisive liberal who wants to pick the taxpayer’s pockets by raising revenue. They’ll also do their best to scare up the ghost of Rod Blagojevich to try to create a link to Quinn. It may be a tough chore, given Quinn’s advocacy of good government and ethics in the past. But since Blagojevich won’t “go away” and continues his media blitz, and he’ll be on the front pages statewide once his trial is scheduled to begin in just a few months, he may prove to be an assist to the GOP either directly or indirectly.
Election Day is 186 days away.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. A re-referral generally indicates that a bill will no longer be considered. However, some sponsors will file motions asking for extended deadlines. Those requests are honored in some limited cases.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House – Re-referred to Rules Committee)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House – Re-referred to Rules Committee)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House – Re-referred to Rules Committee)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House – Re-referred to Rules Committee)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House – Re-referred to Rules Committee)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House – Re-referred to Rules Committee)
HB 6120 - Makes it a violation to fail to (1) submit to the Agency a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit. Authorizes certain violations of the Act and rules adopted under its authority to be enforced by administrative citation. (Current Status – – Re-referred to Rules Committee)
SB 580 – DuPage Water Commission. (Current Status – Senate – 3rd Reading)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Passed Senate; - House – Rules Committee)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Passed Senate – House – Rules Committee)
4023 Terramere Avenue
Arlington Heights, Illinois 60004
M E M O R A N D U M
To: Laurie Dougherty
Gerry Bever
From: Terry Steczo
Maureen Mulhall
Re: Legislative Report
Date: March 31, 2010
The Pause That Refreshes?
A two-week hiatus. The final pit stop in the race (or crawl) toward adjournment of the 2010 legislative session. In approximately six weeks we’ll have an idea as to whether or not the General Assembly will cruise across the finish line, or sputter and choke and leave its owner(s) and crew with a jalopy in horrific condition and a mountainous “repair bill”. The smart odds may be on the latter.
The legislature has reached its technical halfway point and when it returns from its break will begin the process of finalizing action on many of the bills that have been approved by the first chamber and now will be considered by the second. They will also try to get their arms around a budget, and that shouldn’t be a problem this year with the emaciated state of the Illinois treasury.
What many consider to be “Nightmare on Monroe Street” began a few weeks ago when Governor Pat Quinn gave a short, fairly quiet budget message that painted a dismal picture of state finances and that offered cuts, borrowing and a proposed 1% education income tax surcharge to help Illinois get through the next fiscal year. He referred to the state of Illinois’ finances as a “crisis of epic proportions” and indicated that the structural deficit would be in the $13 billion range. But, he also indicated he was “an optimist but also a realist” so, realizing the legislature’s lack of spirit on the question of revenue generation and taxes, he throttled back on any overtly aggressive approach to new revenue.
Rather than throw down the gauntlet to the legislature Gov. Quinn suggested that given the fiscal constraints providing the pared down budget was the best he could do given the lack of available resources. Requesting authority to borrowing $5 billion will, for now provide the revenue stream that will be required to allow the state to provide a minimal level of services, according to the Governor. But, since the issuance of new bonds requires a three-fifths vote in the legislature this scenario can’t occur without at least some Republicans jumping on board … and they’re not even close to approaching the station yet. Nor will they be. So, we’re probably back to square one on that front.
A good deal of the Governor’s initial plan focuses on maximizing federal matching dollars. Efforts are being made to transfer programs and services as much as possible from general revenue funding to Medicaid. In those cases current non-Medicaid caseloads will be grandfathered and new non-Medicaid individuals will either not be served or will be resigned to be placed on waiting lists.
Mental health services were particularly hard hit. During the Department of Human Services budget briefing it was estimated that between 23 and 87 service agencies may fail and 3,800 jobs may be lost due to the cuts that would have to be endured. Thousands of individuals would be unable to receive services. Non-Medicaid related community-based mental health services would also be eliminated, according to the Department.
The Governor’s suggestion of the 1% education income tax surcharge was unexpected and carries great future risk. If there is some chance that the legislature will address this tax issue does that poison the prospect of doing the remainder of what’s necessary later? The 1% represents only about a third of what is needed to only start to straighten out the fiscal hole. The General Assembly does not act on tax questions lightly. If there is only going to be one bite at the apple, is this the bite that is preferred? Second, what happens to human services providers that have been revenue enhancement stalwarts during the last year? They were seemingly left at the gate on Wednesday, having to contend with even longer prolonged payment cycles, devastating cuts and the potential closure of scores of service providers doors while education gets targeted for some relief.
After the speech Sen. Bill Brady, the GOP nominee for Governor, called Quinn’s budget proposal a “catastrophe” but didn’t, and hasn’t, gone into detail about how he would balance the budget with the 10% across-the-board-cut and a tax reductions he recommends.
The proverbial ball is now in the legislature’s court. After the speech House Speaker Michael Madigan seemed to quash the idea of any tax increase saying that people don’t want one because they’re “hurting”. So, with bonding apparently doomed and with the 1% tax surcharge for education on a respirator, the Governor’s initial budget plan is about as sound as a house in Haiti. Shaky, at best.
Don’t expect to see anything too heroic to occur in the legislature between now and the end of the fiscal year. There has been rumor that the legislature may just punt like they did last year, send the Governor a six-month lump sum budget and then deal with it after November. Of all the scenarios it probably seems the most likely at this point in time.
The legislature heads into its own “Final Four” – the last four weeks of the legislative session – beginning April 13 and there’s a full plate of issues to be resolved, all of them overshadowed by the whopping $13 billion projected deficit.
As the clock ticks and the rhetoric from both political parties becomes magnified, look for a series of non-solutions relating to the budget with some resolution of some major policy questions by the end of April. The odds may not be in favor at this point of an adjournment on May 7, but there is no doubt that legislators will be home for the summer/fall campaign season by the end of May at the latest. If not, then it could spell trouble for Governor Quinn. He needs to show that his decisiveness and prove his leadership credentials and the last weeks of a legislative session are a good time to do that. A blunder could prove very costly, even against an opponent that is perceived to be weak. Democrats will be doing everything possible in the coming weeks and months to avoid another 1994 when they lost control of the legislature and all of state government. Republicans, on the other hand, will use their last once of energy trying to invoke the spirit of 1994 to wrestle control of either the Governor’s office or one of the chambers of the General Assembly. With redistricting on the horizon in 2011, their political lives depend on it.
The legislature stunned everyone this past week by passing a huge pension reform package in just one day over the objections of every public employee and teachers union in the state. East coast bond houses wanted some sign from the legislature before April bond sales that the state was serious about getting pensions costs under control. Under threat of having higher interest rates imposed the legislature acted swiftly and decisively and created a new set of pension standards for new hires, including caps on benefits and an increase in the age to qualify for full benefits to 67. With the exception of the Chicago Tribune, observers who had cried out for the need for significant pension reform seemed pleased.
Game On
Nearly two months after the February primary election the tickets are finally complete, so it’s on to November! With Sen. Bill Brady’s nomination certified and Sen. Kirk Dillard’s gracious concession, the top of the Republican ticket for the fall election has been set for a few weeks. Now, with the Democrats having selected Sheila Simon of Carbondale, daughter of former Lt. Governor and U.S. Senator Paul Simon, as their choice as Governor Quinn’s running mate, the campaigns can gain full heads of steam heading into the upcoming campaign season.
The February primary election experiment has now officially come to an end. Governor Quinn has signed legislation to move the primary election back to March in 2012.
Democrats will insist that Brady’s views are Neanderthal and his running mate, 27 year old Jason Plummer is ill-equipped to take the reins of government should there be a gubernatorial vacancy. Republicans, on the other hand, will try to prove Quinn to be an indecisive liberal who wants to pick the taxpayer’s pockets by raising revenue. They’ll also do their best to scare up the ghost of Rod Blagojevich to try to create a link to Quinn. It may be a tough chore, given Quinn’s advocacy of good government and ethics in the past. But since Blagojevich won’t “go away” and continues his media blitz, and he’ll be on the front pages statewide once his trial is scheduled to begin in just a few months, he may prove to be an assist to the GOP either directly or indirectly.
Election Day is 186 days away.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored and the current status. A re-referral generally indicates that a bill will no longer be considered. However, some sponsors will file motions asking for extended deadlines. Those requests are honored in some limited cases.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House – Re-referred to Rules Committee)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House – Re-referred to Rules Committee)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House – Re-referred to Rules Committee)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House – Re-referred to Rules Committee)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House – Re-referred to Rules Committee)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House – Re-referred to Rules Committee)
HB 6120 - Makes it a violation to fail to (1) submit to the Agency a discharge monitoring report as required under an NPDES permit, (2) perform monitoring as required under an NPDES permit, (3) obtain a stormwater NPDES permit for a construction site, (4) renew an NPDES permit, and (5) maintain at a construction site a stormwater pollution prevention plan as required under an NPDES permit. Authorizes certain violations of the Act and rules adopted under its authority to be enforced by administrative citation. (Current Status – – Re-referred to Rules Committee)
SB 580 – DuPage Water Commission. (Current Status – Senate – 3rd Reading)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Passed Senate; - House – Rules Committee)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Passed Senate – House – Rules Committee)
Chemical Properties, Safety and Security
Thursday, April 8, 2010 - Waukegan, IL
Register Online: http://tinyurl.com/ISAWWAregister
Topic
The program will discuss properties, safety, equipment, PPE, security and some regulatory issues relating to Liquid Chlorine, Sodium Hypochlorite, fluoridation chemicals, and others related to water treatment.
Speaker
Geza Ehrentreu, Viking Chemical
Geza Ehrentreu is Vice President of Operations and also Vice President of Water Management at Viking Chemical Company in Rockford, IL. He has been in the chemical distribution industry for 33 years, the last 10 with Viking. He has served as a chemical safety educator for over 29 years, working with groups on a variety of chemical, safety, and environmental subjects.
Date & Location
Thursday, April 8, 2010
USA Bluebook Training Room
3781 Burwood Drive
Waukegan, IL 60085
Ph: 847-689-3000
Registration & Hours:
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Cost:
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Register Online: http://tinyurl.com/ISAWWAregister
Topic
The program will discuss properties, safety, equipment, PPE, security and some regulatory issues relating to Liquid Chlorine, Sodium Hypochlorite, fluoridation chemicals, and others related to water treatment.
Speaker
Geza Ehrentreu, Viking Chemical
Geza Ehrentreu is Vice President of Operations and also Vice President of Water Management at Viking Chemical Company in Rockford, IL. He has been in the chemical distribution industry for 33 years, the last 10 with Viking. He has served as a chemical safety educator for over 29 years, working with groups on a variety of chemical, safety, and environmental subjects.
Date & Location
Thursday, April 8, 2010
USA Bluebook Training Room
3781 Burwood Drive
Waukegan, IL 60085
Ph: 847-689-3000
Registration & Hours:
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Cost:
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Thursday, March 25, 2010
Smart Wireless Technology, Security and Instrumentation
Tuesday, March 30, 2010 - St. Charles, IL
Tuesday, June 29, 2010 - East Peoria, IL
Speakers
Dan Armstrong, Emerson Process Management-Rosemount
Dan Armstrong works for Emerson Process Management-Rosemount Measurement Division. Dan is a Business Development Manager for Rosemount.
Dave Marszalec, Emerson Process Management-Rosemount Measurement Division
Dave Marszalec works for Emerson Process Management-Rosemount Measurement Division. Dave is a Flow Specialist for Rosemount.
Nick Bibich, Emerson Process Management-Rosemount Measurement Division
Nick Bibich works for Emerson Process Management-Rosemount Measurement Division. Nick is the Central Area Municipality Business Manager for Rosemount.
Topic
Please join us for an educational day focused on the new instrument technologies being deployed in the water industry:
Topics will include:
Wireless
• What’s possible and what’s not?
• Helping reduce capital expenditures for device installation.
• Getting to existing device diagnostic data wirelessly.
Wireless protocol standards and security including
• WiHART Standard
• Encryption
• Authentication
• Anti Jamming Technology
• Network Key Management
Level
• Pressure, radar, ultrasonic…which is best applied where?
Flow
• Ease of compliance with on-board meter verification
• How to use available diagnostics to speed up maintenance and troubleshooting operations.
• Lowering installed cost and increasing reliability with integrated meter design
Pressure
• How to use the computing power of pressure devices to get advanced warning of potential problems (statistical process modeling)
Buses
• How to take advantage of bus technologies on legacy control systems
Dates & Locations
Tuesday, March 30, 2010
University of Illinois Extension Office (Next door to ISA WWA Office)
535 S. Randall Road
St. Charles, IL 60174
Ph: 866-521-3595
Tuesday, June 29, 2010
Festival Building
222 E. Washington Street
East Peoria, IL
Ph: 309-698-4711
Cost
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Registration & Hours
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Tuesday, June 29, 2010 - East Peoria, IL
Speakers
Dan Armstrong, Emerson Process Management-Rosemount
Dan Armstrong works for Emerson Process Management-Rosemount Measurement Division. Dan is a Business Development Manager for Rosemount.
Dave Marszalec, Emerson Process Management-Rosemount Measurement Division
Dave Marszalec works for Emerson Process Management-Rosemount Measurement Division. Dave is a Flow Specialist for Rosemount.
Nick Bibich, Emerson Process Management-Rosemount Measurement Division
Nick Bibich works for Emerson Process Management-Rosemount Measurement Division. Nick is the Central Area Municipality Business Manager for Rosemount.
Topic
Please join us for an educational day focused on the new instrument technologies being deployed in the water industry:
Topics will include:
Wireless
• What’s possible and what’s not?
• Helping reduce capital expenditures for device installation.
• Getting to existing device diagnostic data wirelessly.
Wireless protocol standards and security including
• WiHART Standard
• Encryption
• Authentication
• Anti Jamming Technology
• Network Key Management
Level
• Pressure, radar, ultrasonic…which is best applied where?
Flow
• Ease of compliance with on-board meter verification
• How to use available diagnostics to speed up maintenance and troubleshooting operations.
• Lowering installed cost and increasing reliability with integrated meter design
Pressure
• How to use the computing power of pressure devices to get advanced warning of potential problems (statistical process modeling)
Buses
• How to take advantage of bus technologies on legacy control systems
Dates & Locations
Tuesday, March 30, 2010
University of Illinois Extension Office (Next door to ISA WWA Office)
535 S. Randall Road
St. Charles, IL 60174
Ph: 866-521-3595
Tuesday, June 29, 2010
Festival Building
222 E. Washington Street
East Peoria, IL
Ph: 309-698-4711
Cost
$40.00 for AWWA members
$60.00 for non AWWA members
$70.00 for on-site registration
Registration & Hours
Registration begins at 8:30am. The training will start at 9:00am and will conclude by 3:00pm. Earn up to 5 PDHs or RTC hours. Includes breakfast and lunch.
Tuesday, March 23, 2010
GIS Implementation for Water Distribution System Management & Analysis WEBINAR
Wednesday, March 24, 2010 - Your Computer
Speaker
Andy Zaletel, Baxter & Woodman, Inc.
Topic
The session will provide general information, technical guidance, and an overview of the process utilized for the application of a Geographic Information System (GIS) for a water distribution system. GIS can provide an organization with the ability to construct, develop, and utilize water system specific data in an innovative format that will assist in the overall analysis and reporting capabilities for the users.
The session will provide the attendees with the concept of GIS and software available to implement GIS into your water system programs. Through this training the process and key components of implementing and utilizing GIS for water
system analysis will be demonstrated. Although each organization is different, the overall process can be applied to better understand and implement a usable and reliable GIS. Particular attention will be given to utilizing the organizations existing information and incorporation in the GIS as well as outline the available options for additional data creation through GPS and field based data collection methods.
Case studies will be provided that relate GIS with comprehensive planning and the type of reports that can be generated to assist the organization in evaluating capital improvement needs. The use of GIS has also enhanced the accuracy and usability of water distribution modeling software.
Date & Location
Wednesday, March 24, 2010
Webinar - Your Computer
REGISTRATION & HOURS
This training webinar will begin at 12:00pm and conclude by 1:00pm. Earn up to 1 PDH or RTC hour. After registration, attendee will be furnished with all materials and links needed to participate in the webinar.
COST
$15.00 for AWWA members
$25.00 for non AWWA members
Speaker
Andy Zaletel, Baxter & Woodman, Inc.
Topic
The session will provide general information, technical guidance, and an overview of the process utilized for the application of a Geographic Information System (GIS) for a water distribution system. GIS can provide an organization with the ability to construct, develop, and utilize water system specific data in an innovative format that will assist in the overall analysis and reporting capabilities for the users.
The session will provide the attendees with the concept of GIS and software available to implement GIS into your water system programs. Through this training the process and key components of implementing and utilizing GIS for water
system analysis will be demonstrated. Although each organization is different, the overall process can be applied to better understand and implement a usable and reliable GIS. Particular attention will be given to utilizing the organizations existing information and incorporation in the GIS as well as outline the available options for additional data creation through GPS and field based data collection methods.
Case studies will be provided that relate GIS with comprehensive planning and the type of reports that can be generated to assist the organization in evaluating capital improvement needs. The use of GIS has also enhanced the accuracy and usability of water distribution modeling software.
Date & Location
Wednesday, March 24, 2010
Webinar - Your Computer
REGISTRATION & HOURS
This training webinar will begin at 12:00pm and conclude by 1:00pm. Earn up to 1 PDH or RTC hour. After registration, attendee will be furnished with all materials and links needed to participate in the webinar.
COST
$15.00 for AWWA members
$25.00 for non AWWA members
Sunday, February 28, 2010
ISAWWA - Legislative Update
“Who Dat?”
The New Orleans Saints Super Bowl win was a triumph of the underdog over the heavily favored. Little did we know that the Illinois primary election just a few days earlier was a harbinger. Thrills, chills, and, in some cases, disbelief were evident in both “spectacles”.
In the Republican primary election all eyes were on the pre-election poll frontrunners (Ryan, McKenna and Dillard) with the others mentioned only as an afterthought. When the smoke cleared on election night State Sens. Bill Brady (R-Bloomington) and Kirk Dillard (R-Westmont) were only a few hundred votes apart in a race still to be decided. How was Brady able pull off a real stunner? First, he was the only Republican candidate from downstate. Second, since coming in third in the 2006 gubernatorial primary election he never stopped campaigning and was able to put together a fairly formidable ground operation, something the others did not and could not do given the small amount of time from announcement in the summer and fall to the February primary election. With election results only a few days away from being certified there is still a chance that Dillard, albeit slim, will come out on top. Dillard has indicated he won’t seek a recount unless the final vote tally is within 100 votes. An important question here is whether or not a protracted recount battle will create disharmony among the GOP faithful and stop their nominee from executing his game plan.
In the Democratic primary election it was a case of “Who Dat?” in spades. As everyone was watching gubernatorial candidates Pat Quinn and Dan Hynes slug it out unknown Scott Lee Cohen spent two million of his own dollars and captured the Lt. Governor nomination. Of course, we all know now that Cohen now the former nominee, as media accounts of his personal life forced him to leave the ticket. The Democratic State Central Committee has the responsibility of selecting the replacement and will do so in the next week or so. Oddly enough, there was also an upset in the GOP Lt. Governor primary election. Twenty-seven year old Edwardsville resident Jason Plummer came out of nowhere to capture the nomination, defeating favorite State. Sen. Matt Murphy (R-Palatine), spending over a million dollars in personal funds in the process.
So, now the battle for the hearts, minds and votes of Illinoisans is almost set to begin … the only remaining ingredients are a certified Republican nominee for Governor and a Democratic nominee for the second spot.
With Quinn in the Governor’s chair, expect him to do whatever he can to overcome the criticisms that were leveled at him over the past few months and to try to put the heat on Brady (or Dillard) who are both in the Senate and who will have to make day-to-day legislative decisions that may help or hurt. Brady (or Dillard), no doubt, will use his Senate position to try to assuage Quinn and the Democratic majority as often as possible. Brady has already begun to define his candidacy by introducing constitutional amendments that seek to impose legislative term limits, to require an extraordinary number of votes to approve tax increases, and to ban gay marriage.
The November election “dance card” is almost full. It will be interesting to see which tune voters will prefer to dance to in nine months.
Legislative Session Breezing Along – Storm Clouds Approaching in March
Following a legislative session sometimes resembles watching a new driver … lots of starts and stops before finally reaching a destination. In order to try to complete its business in an orderly fashion the legislature imposes deadlines during the course of its process resulting in frenzy as those deadlines approach with short periods of calm after they pass.
The upcoming few weeks will mark one of those periods of frenzy as committee deadline weeks approach. Because bills not receiving a favorable committee hearing will die, and because sponsors generally wait until the last minute to have their bills heard, the days approaching committee deadlines can be tumultuous.
In the Senate the committee hearing deadline is this coming Friday, March 5. To make matters just a bit more maniacal the Senate Committee on Assignments, the panel that determines if legislation should be heard and, if so, where it will receive a hearing, released 500 bills this past week. Senate committees will be in rare form struggling to hear them all before next Friday.
The House committee deadline is Friday, March 11, giving lobbyists who must sometimes be a seven places at once to cover pertinent committee hearings, two straight weeks of flurry before more frenzy develops after the Governor’s March 10 budget message. With a projected $12 billion budget deficit, the news that is expected to be delivered in the Governor’s address will be about as welcome as a heat wave at the Winter Olympics.
Governor’s Budget Website Unveiled – “See me ,feel me, touch me, heal me”?
In recent years February has been the month that the Governor releases his budget to the public and the General Assembly. In order to allow Gov. Quinn additional time the legislature this week approved a bill that allows the Governor until March 10 to release his budget. However, there’s a populist, and possibly political, twist to this action, in a manner of speaking.
The new legislation requires that the Governor file a report with both the House and Senate by February 24 that provides revenue and expenditure information for both the current and upcoming fiscal years.
For the current fiscal year the report must include a statement of revenues and expenditures for all budgeted funds, both actual to date and estimated for the remainder of the fiscal year.
For FY 2011 that begins on July 1, the report must provide the estimated revenues for all budgeted funds including the affordable General Revenue Funds appropriations for the full fiscal year. It also must provide an estimate of anticipated liabilities for all budgeted funds, including affordable General Revenue Fund appropriations, debt service on bonds, and the amount of the anticipated state contribution to the pension systems.
These reports will be made available to the public and from February 24 and March 10. Members of the legislature, as well as the public, will be able to submit written budget recommendations to the Governor via the internet. Any recommendations will promptly be made available to the public on the Governor’s website. The website, now operational, also provides copies of studies and reports that have been initiated by outside groups such as the Civic Federation and the Illinois Policy Institute.
The Civic Federation this past week issued a report cites the need for “rehabilitating” state finances through a combination of reforms of expenditures and revenues. The report by the Illinois Policy Institute, issued in July, 2009 points the way to the end of the fiscal problems without raising new revenues. Depending on one’s philosophy there is plenty to love and hate about each of the reports. The Illinois Policy Institute report relies on some recommendations that may be controversial but possible over the long term such as Medicaid delivery reform or the implementation of a dual pension system that would provide lower benefits to new state hires. Other recommendations such as reducing payments to localities by abolishing the Local Government Distributive Fund, by freezing education categorical grants, or by forced consolidation of school districts could be considered “nuclear options” that would face a very difficult path toward approval.
Expect that the anticipated revenue and expenditure reports will not look pretty … with an anticipated $12 billion hole taking into account this fiscal year’s deficit along with what is expected in FY 2011. The availability of these reports could allow the public to see and judge the sad state of fiscal affairs for themselves and could allow the Governor to make his case for more revenue.
But, there may also be another side to the story. Could there also be an underlying motive? Not only will this new found method of allowing public participation in the budget process provide transparency and input, but it may also force or goad Republicans to put their ideas for cutting the budget in writing and on the table. Most GOP gubernatorial candidates in the primary election, including Sen. Brady, advocated cutting with no revenue increases. The process of opening up the budget recommendation process could force him to show how he would do it … if he can do it … and who would bear the brunt if he does do it.
Also, judging from his post-primary statements, the Governor’s new-revenue vigor seems to have diminished. We’ll know for sure on March 10 as he starts the search for a responsible budget in motion.
The budget website is: budget.illinois.gov
Lame Ducks in Season
As the new legislative session begins thirteen House members and one Senator will be classified as lame ducks, having chosen to retire or run, successfully or unsuccessfully, for other offices.
House: Republicans (5): Susan Bassi, Robert Biggins, William Black, Beth Coulson, Ronald Wait; Democrats (8): Michael Boland, James Brosnahan, John Fritchey, Paul Froehlich, Julie Hamos, Betsy Hannig, David Miller and Arthur Turner.
Senate: Democrats (1): James DeLeo
Senators Brady, Cronin, Dillard, Hultgren, Murphy, Pankau and Rutherford who ran for statewide, congressional or local offices were in the middle of their terms so they will be able to continue serving. In addition to either Brady or Dillard being the GOP gubernatorial nominee, Sen. Dan Rutherford will be the Republican nominee for State Treasurer and Sen. Randy Hultgren will be the GOP candidate for Congress in the western Chicago suburbs. Sen. Cronin is the Republican nominee for DuPage County Board Chairman.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored. Bills that show in the House Rules Committee must be released and posted to a regular committee no later than Friday, March 4 or they will no longer be able to be considered.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House Judiciary I – Civil Law Committee)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House Rules Committee)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House Rules Committee)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House Judiciary I – Civil Law Committee)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House Public Utilities Committee)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House Public Utilities Committee)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Senate - 3rd Reading)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Senate – 2nd Reading)
The New Orleans Saints Super Bowl win was a triumph of the underdog over the heavily favored. Little did we know that the Illinois primary election just a few days earlier was a harbinger. Thrills, chills, and, in some cases, disbelief were evident in both “spectacles”.
In the Republican primary election all eyes were on the pre-election poll frontrunners (Ryan, McKenna and Dillard) with the others mentioned only as an afterthought. When the smoke cleared on election night State Sens. Bill Brady (R-Bloomington) and Kirk Dillard (R-Westmont) were only a few hundred votes apart in a race still to be decided. How was Brady able pull off a real stunner? First, he was the only Republican candidate from downstate. Second, since coming in third in the 2006 gubernatorial primary election he never stopped campaigning and was able to put together a fairly formidable ground operation, something the others did not and could not do given the small amount of time from announcement in the summer and fall to the February primary election. With election results only a few days away from being certified there is still a chance that Dillard, albeit slim, will come out on top. Dillard has indicated he won’t seek a recount unless the final vote tally is within 100 votes. An important question here is whether or not a protracted recount battle will create disharmony among the GOP faithful and stop their nominee from executing his game plan.
In the Democratic primary election it was a case of “Who Dat?” in spades. As everyone was watching gubernatorial candidates Pat Quinn and Dan Hynes slug it out unknown Scott Lee Cohen spent two million of his own dollars and captured the Lt. Governor nomination. Of course, we all know now that Cohen now the former nominee, as media accounts of his personal life forced him to leave the ticket. The Democratic State Central Committee has the responsibility of selecting the replacement and will do so in the next week or so. Oddly enough, there was also an upset in the GOP Lt. Governor primary election. Twenty-seven year old Edwardsville resident Jason Plummer came out of nowhere to capture the nomination, defeating favorite State. Sen. Matt Murphy (R-Palatine), spending over a million dollars in personal funds in the process.
So, now the battle for the hearts, minds and votes of Illinoisans is almost set to begin … the only remaining ingredients are a certified Republican nominee for Governor and a Democratic nominee for the second spot.
With Quinn in the Governor’s chair, expect him to do whatever he can to overcome the criticisms that were leveled at him over the past few months and to try to put the heat on Brady (or Dillard) who are both in the Senate and who will have to make day-to-day legislative decisions that may help or hurt. Brady (or Dillard), no doubt, will use his Senate position to try to assuage Quinn and the Democratic majority as often as possible. Brady has already begun to define his candidacy by introducing constitutional amendments that seek to impose legislative term limits, to require an extraordinary number of votes to approve tax increases, and to ban gay marriage.
The November election “dance card” is almost full. It will be interesting to see which tune voters will prefer to dance to in nine months.
Legislative Session Breezing Along – Storm Clouds Approaching in March
Following a legislative session sometimes resembles watching a new driver … lots of starts and stops before finally reaching a destination. In order to try to complete its business in an orderly fashion the legislature imposes deadlines during the course of its process resulting in frenzy as those deadlines approach with short periods of calm after they pass.
The upcoming few weeks will mark one of those periods of frenzy as committee deadline weeks approach. Because bills not receiving a favorable committee hearing will die, and because sponsors generally wait until the last minute to have their bills heard, the days approaching committee deadlines can be tumultuous.
In the Senate the committee hearing deadline is this coming Friday, March 5. To make matters just a bit more maniacal the Senate Committee on Assignments, the panel that determines if legislation should be heard and, if so, where it will receive a hearing, released 500 bills this past week. Senate committees will be in rare form struggling to hear them all before next Friday.
The House committee deadline is Friday, March 11, giving lobbyists who must sometimes be a seven places at once to cover pertinent committee hearings, two straight weeks of flurry before more frenzy develops after the Governor’s March 10 budget message. With a projected $12 billion budget deficit, the news that is expected to be delivered in the Governor’s address will be about as welcome as a heat wave at the Winter Olympics.
Governor’s Budget Website Unveiled – “See me ,feel me, touch me, heal me”?
In recent years February has been the month that the Governor releases his budget to the public and the General Assembly. In order to allow Gov. Quinn additional time the legislature this week approved a bill that allows the Governor until March 10 to release his budget. However, there’s a populist, and possibly political, twist to this action, in a manner of speaking.
The new legislation requires that the Governor file a report with both the House and Senate by February 24 that provides revenue and expenditure information for both the current and upcoming fiscal years.
For the current fiscal year the report must include a statement of revenues and expenditures for all budgeted funds, both actual to date and estimated for the remainder of the fiscal year.
For FY 2011 that begins on July 1, the report must provide the estimated revenues for all budgeted funds including the affordable General Revenue Funds appropriations for the full fiscal year. It also must provide an estimate of anticipated liabilities for all budgeted funds, including affordable General Revenue Fund appropriations, debt service on bonds, and the amount of the anticipated state contribution to the pension systems.
These reports will be made available to the public and from February 24 and March 10. Members of the legislature, as well as the public, will be able to submit written budget recommendations to the Governor via the internet. Any recommendations will promptly be made available to the public on the Governor’s website. The website, now operational, also provides copies of studies and reports that have been initiated by outside groups such as the Civic Federation and the Illinois Policy Institute.
The Civic Federation this past week issued a report cites the need for “rehabilitating” state finances through a combination of reforms of expenditures and revenues. The report by the Illinois Policy Institute, issued in July, 2009 points the way to the end of the fiscal problems without raising new revenues. Depending on one’s philosophy there is plenty to love and hate about each of the reports. The Illinois Policy Institute report relies on some recommendations that may be controversial but possible over the long term such as Medicaid delivery reform or the implementation of a dual pension system that would provide lower benefits to new state hires. Other recommendations such as reducing payments to localities by abolishing the Local Government Distributive Fund, by freezing education categorical grants, or by forced consolidation of school districts could be considered “nuclear options” that would face a very difficult path toward approval.
Expect that the anticipated revenue and expenditure reports will not look pretty … with an anticipated $12 billion hole taking into account this fiscal year’s deficit along with what is expected in FY 2011. The availability of these reports could allow the public to see and judge the sad state of fiscal affairs for themselves and could allow the Governor to make his case for more revenue.
But, there may also be another side to the story. Could there also be an underlying motive? Not only will this new found method of allowing public participation in the budget process provide transparency and input, but it may also force or goad Republicans to put their ideas for cutting the budget in writing and on the table. Most GOP gubernatorial candidates in the primary election, including Sen. Brady, advocated cutting with no revenue increases. The process of opening up the budget recommendation process could force him to show how he would do it … if he can do it … and who would bear the brunt if he does do it.
Also, judging from his post-primary statements, the Governor’s new-revenue vigor seems to have diminished. We’ll know for sure on March 10 as he starts the search for a responsible budget in motion.
The budget website is: budget.illinois.gov
Lame Ducks in Season
As the new legislative session begins thirteen House members and one Senator will be classified as lame ducks, having chosen to retire or run, successfully or unsuccessfully, for other offices.
House: Republicans (5): Susan Bassi, Robert Biggins, William Black, Beth Coulson, Ronald Wait; Democrats (8): Michael Boland, James Brosnahan, John Fritchey, Paul Froehlich, Julie Hamos, Betsy Hannig, David Miller and Arthur Turner.
Senate: Democrats (1): James DeLeo
Senators Brady, Cronin, Dillard, Hultgren, Murphy, Pankau and Rutherford who ran for statewide, congressional or local offices were in the middle of their terms so they will be able to continue serving. In addition to either Brady or Dillard being the GOP gubernatorial nominee, Sen. Dan Rutherford will be the Republican nominee for State Treasurer and Sen. Randy Hultgren will be the GOP candidate for Congress in the western Chicago suburbs. Sen. Cronin is the Republican nominee for DuPage County Board Chairman.
Legislation of Interest
The following is a sampling of bills that have been introduced this legislative session and that are being monitored. Bills that show in the House Rules Committee must be released and posted to a regular committee no later than Friday, March 4 or they will no longer be able to be considered.
HB 5115 - Creates the Prescription Drug Repository Program Act. Requires the Department of Public Health to establish a prescription drug repository program, under which a healthcare facility may donate a prescription drug or supplies needed to administer a prescription drug for use by an individual who meets eligibility criteria specified by the Department. Provides for civil and criminal immunity for drug and supply manufacturers and pharmacists in relation to the donation, acceptance, or dispensing of prescription drugs or supplies under the prescription drug repository program. (Current Status – House Judiciary I – Civil Law Committee)
HB 5347 - Provides that a utility that is regulated by the Illinois Commerce Commission that owns power stations or substations located within 200 feet of a lake, river, or stream in the State must file a report with the Commission by June 30, 2011 reporting any possible contamination resulting from the substation in nearby soil and water. Provides that if the utility has already completed a full environmental report on that property within the last 5 years, then that private report must be made available for public viewing by July 28, 2011. Provides that if no environmental report has been completed, then the utility has until August 30, 2011 to conduct and complete a full environmental survey of the property. Provides that the environmental study shall be filed with the Commission and shall include all data from the soil and water samples performed by the utility. Provides that the Illinois Environmental Protection Agency must review all surveys by November 30, 2010. (Current Status – House Rules Committee)
HB 5482 - Provides that a water utility official or his or her designee must notify (i) the local fire officials of any hydrant that it finds necessary to take out of service for water main-related work due to emergency repairs or scheduled maintenance, whenever such maintenance work and hydrant out of service condition is expected to last more than 8 hours or if the main will be unattended at any time during the outage and (ii) the dispatcher or designated fire official of any hydrant reported to be inoperable or expected to operate with a rate of water flow less than a normal rate expected for the hydrant as soon as practical, but in no event more than 2 hours, after receiving the notice from an employee, contractor, police department, or other government official, and, under normal conditions, must have the hydrant restored to service within 48 hours. Provides a fine of $100 per day for failure to make the notification or repairs, which shall be paid to the fire department or fire protection district. (Current Status – House Rules Committee)
HB 5485 - Provides that in certain eminent domain proceedings the fair cash market value of waterworks and sewerage system facilities is the depreciated value of the land and easements upon which the facilities are situated and all facilities and fixtures constructed or installed by the utility company (rather than the net earnings attributable to those facilities). Requires the acquiring municipality to reimburse the utility company for payments made by the utility in connection with the dedication or donation of any waterworks or sewerage system to the utility company. . (Current Status – House Judiciary I – Civil Law Committee)
HB 5491 - Provides that any residential property owner who willfully fails to comply with any provision of the Act while engaging in excavation or demolition on such residential property shall not be subject to a penalty under the Act for a first-time offense of the Act, but shall be subject to a penalty of up to $500 for each separate offense for any subsequent willful failures to comply with the Act. Provides that any residential property owner who fails to comply with any provision of the Act while engaging in excavation or demolition on a residential property shall be liable for the damage caused to the owner or operator of the damaged underground utility facilities or CATS facilities unless the damages resulted from the failure of owners or operators of underground facilities to comply with the provisions of the Act. (Current Status – House Public Utilities Committee)
HB 5837 - Provides that no public utility shall impose a sprinkler standby charge on the owners of structures that contain automatic fire protection systems. Provides that "sprinkler standby charge" means additional charges imposed by a public utility on owners of structures because the structures are equipped with automatic fire protection sprinkler systems. (Current Status – House Public Utilities Committee)
SB 2549 - Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. (Current Status – Senate - 3rd Reading)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Senate – 2nd Reading)
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