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)
Saturday, May 1, 2010
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
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