Comment Period Extended for the Proposed Revised Total Coliform Rule

Comment Period Extended for the Proposed Revised Total Coliform Rule The U.S. Environmental Protection Agency (EPA) is extending by 30 days the public comment period for a proposed National Primary Drinking Water Regulation, the Revisions to the Total Coliform Rule (RTCR), which was published in the Federal Register on July 14, 2010. The comment period for the proposed RTCR now ends October 13, 2010.

The proposed RTCR applies to all public water systems and offers a meaningful opportunity for greater public health protection beyond the current Total Coliform Rule by requiring systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal. Anyone seeking to submit comments must follow the procedures specified in the SUMMARY section of the proposal as published in the Federal Register notice (75 FR 40926).

Updates from USEPA - 8-17-10

1) EPA Conducts Outreach on Drinking Water Strategy The U.S. Environmental Protection Agency (EPA) will gather feedback on the new drinking water strategy in-person and online. It will present an overview of the Agency’s new Drinking Water Strategy at listening sessions on August 19, 2010 to obtain feedback from the public and stakeholders on possible approaches to implementing the strategy.

The California and Nevada section of American Water Works Association, in coordination with EPA Region 9, will sponsor the listening session from 10 am to noon PST in Cucamonga, CA.

These meetings will conclude a series of four listening sessions on the specific proposal of addressing contaminants as group(s). EPA will consider feedback, ideas, and perspectives from the public and stakeholders presented at the listening sessions as we develop the agenda for the upcoming Drinking Water Strategy stakeholder meeting and the framework for addressing contaminants as group(s).

This week, EPA also launches an online discussion forum about the strategy. Each segment of the strategy will be posted for comment and discussion. The forum will be open for about a month. You can participate by going to http://blog.epa.gov/dwstrat.

Information on the exact locations of the listening sessions can be found at http://www.epa.gov/safewater/sdwa/dwlistening.html.

For more information on the Drinking Water Strategy, visit www.epa.gov/safewater/sdwa/dwstrategy.html.

2) EPA Seeks Public Comment on Draft of Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual EPA has released a draft of the Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual for public review and comment. The draft guidance manual provides public water systems and primacy agencies with guidance on complying with and implementing the assessment and corrective action requirements of the proposed Revised Total Coliform Rule (RTCR).

Under the proposed RTCR, public water systems that are vulnerable to microbial contamination in the distribution system (as indicated by their monitoring results for total coliforms and E. coli) are required to assess the problem and take corrective action. The proposed corrective action requirement may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure.

The draft guidance manual provides information on the common causes of total coliform and E. coli occurrence in the distribution system, how to conduct assessments to identify possible causes of contamination (“sanitary defects”), and corresponding corrective actions that systems can take to correct the problem.

The draft guidance manual is currently available online at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation.cfm. Please submit your comments and suggestions to prtcr_acaguide@epa.gov by November 30, 2010.

Regarding: Urgent Call to Action in the US Senate!

At the recent summer workshop in Denver, Tom Curtis described and section leaders discussed a new way to advocate on behalf of our utility membership: “Fly Ins” held in the state offices of your Senators and the district offices of your Representatives. The idea is that the AWWA Washington Office (working with the Water Utility Council)would identify critical and timely issues in Congress, develop materials for use by the sections, and issue a “call to action” at the grass roots level. Sections would then organize meetings in their Senators’ and Representatives’ local offices, and delegations representing our membership would meet with their Senators or Representatives (or their staff). By using the same AWWA materials to advocate on behalf of our utility members, we would ensure a common message in all states. We believe this represents an effective way to make AWWA even stronger as the voice of the water community in national affairs. This activity is not a substitute for the Washington DC Fly In – which we will still hold each spring – but in fact reinforces and multiplies the effectiveness of the Washington DC Water Matters! Fly In.

We are now entering the Congressional August recess, when many members of Congress will be at home in their state and district offices. And there are two timely and important issues on which we need your help. These are: SRF reform legislation. The House has passed legislation that streamlines the State Revolving Fund program for both water and wastewater and significantly expands authorized funding levels for these programs. Now the Senate Committee on Environment and Public Works has passed a companion bill. We would like the full Senate to pass the SRF bill and for Congress to send a bill to the President this year.

Chemical security legislation. The House has passed a bill which does several good things but also takes ultimate decision authority for the choice of disinfectant away from many water and wastewater systems. In contrast, the Senate Homeland Security Committee has reported a bill that extends the current program – from which the water sector is exempt – for another three years. We would like to see the Senate pass the Homeland Security Committee bill without amendment and insist the House accede to that bill in conference.

Please consider scheduling a meeting with your Senators during the August recess at one or more of their state offices. In addition or instead, please consider asking the utilities in your state to write their Senators in support of the AWWA position. Because it is likely that more than one person in your section has received this memo, it is very important that you coordinate section activities through one point of contact, such as the section chair. We will not be well served by different individuals seeking meetings with Senators on behalf of the same membership.

We have prepared several kinds of material to help in this effort:
• To identify the locations of your Senators’ state offices, please go to
http://www.senate.gov/general/contact_information/senators_cfm.cfm
• To download a letter template, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_letter_template.doc
• To download background papers that you can place on your own Section or utility
letterhead, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_Alert_SRF.doc and
http://www.awwa.org/files/GovtPublicAffairs/August_Alert-chemical.doc
• To download this whole package, including “Tell-Ask” talking points, please go
to http://www.awwa.org/files/GovtPublicAffairs/August_Alert_package.pdf

For questions or comments, please get in touch with one of us via phone or e-mail. Our website has our contact information if you don’t already have that. Many thanks for considering this kind of grassroots advocacy! Remember, if we don’t advocate on behalf of utilities and their customers, who will?


August XX, 2010

The Honorable XXXXXX XXXXXXXXXXX
United States Senate
Washington, DC 20510
Dear Senator XXXXXXXXXXXXXX,

Two urgent issues are facing the Senate that affect the provision of safe drinking water in the United States: chemical security and financing investment in water infrastructure.

The Senate Committee on Homeland Security and Governmental Affairs recently reported out an improved version of chemical security that it received from the House, H.R. 2868. The Senate version, which is an amendment in the nature of a substitute, extends the current chemical security program for the chemical industry for another three years and maintains the existing exclusion of water utilities. Drinking water and wastewater utilities are very different from chemical industries, with unique public health and public safety missions that could be compromised if they are treated like industry.

That is why we are asking you to vote for H.R. 2868 as reported by the Senate Homeland Security Committee without amendment on the Senate floor. The other issue, investment in water infrastructure, centers around S. 1005, a bill that would not only boost funding for the drinking water and wastewater state revolving loanfund (SRF) programs, but make needed administrative improvements in those programs.

The Senate Committee on Environment and Public Works reported out that bill last summer. Please ask Senate leadership to bring S. 1005 to the floor of the Senate, and please vote for it.

We have attached two background documents that further explain these issues. We look forward to discussing these issues with you further as they develop in the Senate.

Sincerely,

CHEMICAL FACILITY SECURITY
• Action Requested: Vote for the chemical security legislation, H.R. 2868, that was reported out of the Senate Committee on Homeland Security and Government Affairs as is, without amendment.

Background
Legislation authorizing chemical facility security anti-terrorism standards (CFATS) expires in September of this year and the Senate Committee on Homeland Security and Government Affairs has reported out a bill, H.R. 2868, to extend the program another three years. While drinking water and wastewater utilities are currently exempt from CFATS, there is interest in Congress in ending those exemptions. The Senate Committee on Environment and Public Works is considering legislation that would expand federal chemical security programs to the water sector. The House did this in its earlier version of H.R. 2868.

However, since September 11, 2001, the water sector has already taken significant steps to address homeland security concerns. Water systems serving more than 3,300 people have developed vulnerability assessments and emergency response plans. Most have restricted access and enacted other measures to secure critical assets, including chemical supplies.

AWWA has invested significant resources in developing tools and standards that water systems use to ensure they are meeting the highest level of performance on security issues. In light of the steps the water sector has already taken to address security, it could make sense to require periodic updates of vulnerability assessments and security plans. It does not make sense (and could cause harm) to prohibit the use of particular chemicals, including chlorine gas, which is the aim of some well meaning, but misguided groups.

Drinking water utilities have been handling gaseous chlorine for more than 100 years and are well aware of what is required to safeguard this tool, from secure storage sites to scrubbers that neutralize leaks to warning systems. Utilities have addressed perimeter security at treatment facilities and reservoirs for years. Utilities that use certain chemicals are already subject to the risk management planning provisions under section 112(r) of the Clean Air Act; to emergency
planning and community notification provisions under the Emergency Planning and Community Right to Know Act; and to additional state and local standards for safe storage and handling of hazardous chemicals. When Congress passed the Public Health Protection and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act), which required vulnerability assessments and updates to existing emergency response plans, the water sector took those requirements several steps further and developed extensive training programs and tools for utilities.

Here are some other steps the water sector has taken to improve security:
A Guide to Choosing the Appropriate Disinfectant Disinfectants are the primary chemicals of concern in water security discussions, with chlorine gas the particular target. AWWA understands that the choice of disinfectant is based on a variety of critically important local factors, such as local water chemistry, local pathogens,environmental factors, and local infrastructure. In that light, AWWA in 2009 prepared a guide to assist drinking water and wastewater systems in re-evaluating their choice of disinfectant titled, Selecting Disinfectants in a Security Conscious Environment. The guide describes a step-bystep process to evaluate disinfection options that meets the unique needs of each water, wastewater, and water reuse system.

Selecting Disinfectants builds on existing water sector engineering practices, manuals of practice, costing tools, and public communication techniques to address disinfection objectives, both statutory and those set by the community served; reflect local circumstances; compare disinfection options consistently; take into account operational, process, and supply-chain reliability factors; as well as environmental, operator, and community safety considerations;
provide transparency in the decision-making process; and incorporate appropriate risk communication within the decision-making process and the community.

Development of Security Standards
AWWA formed a partnership with the American Society of Mechanical Engineers’ (ASME’s)
Innovative Technologies Institute last year to develop a standard for analyzing and managing the risks associated with malevolent attacks and naturally occurring hazards against critical water infrastructure. The final document received certification from ANSI this summer. It is titled, “ANSI/ASME-ITI/AWWA J100-10 Risk Analysis and Management for Critical Asset Protection (RAMCAP®) Standard for Risk and Resilience Management of Water and Wastewater Systems.”

This guidance is based on a methodology used for other critical infrastructure, called Risk Analysis and Management for Critical Asset Protection (RAMCAP®). When applied to the water sector, RAMCAP provides a consistent, efficient and technically sound methodology to identify, analyze, quantify and communicate the level of risk and resilience (i.e., the ability to withstand disruption or to quickly return to an acceptable level of service after an interruption) and the benefits of risk reduction and resilience enhancement. It provides a process for identifying security vulnerabilities, consequences and incident likelihood and provides methods to evaluate the options for reducing these elements of risk. The RAMCAP standard does include recognition of the effort undertaken to meet the requirements of the 2002 Bioterrorism Act.

Water Sector Security Organizations
The Water Sector Coordinating Council was formed in the fall of 2004 to enhance communications about security issues among water professionals, the U.S. Department of Homeland Security and the U.S. Environmental Protection Agency. The Water Information Sharing and Analysis Center (WaterISAC) provides immediate, on-line sharing of threat and incident information among those institutions. The men and women who operate drinking water systems consider securing the water they treat and provide to their consumers to be an inherent and daily part of their jobs and calling.

Water and Wastewater Agency Response Networks (WARNs)
Most states now have a WARN, a network of utilities helping other utilities to respond to and recover from emergencies. WARNs provide a method whereby water/wastewater utilities that have sustained or anticipate damages from natural or human-caused incidents can provide and receive emergency aid and assistance in the form of personnel, equipment, materials, and other associated services as necessary from other water/wastewater utilities. They provide rapid, short-term deployment of emergency services to restore the critical operations of the affected water/wastewater utility.

###
Talking points for your use in meetings; do not leave behind
Chemical Facility Security
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• Drinking water utilities have already performed vulnerability assessments, updated emergency response plans, developed security standards, developed decision methodologies for choosing disinfectants, and performed other security measures under existing laws.
• A drinking water utility is a public safety & public health service, and is generally an instrument or agency of local government.
• Congress therefore exempted water utilities from chemical facility law of 2006.
• The Senate Committee on Homeland Security and Governmental Affairs has reported out a bill, H.R. 2868, to extend the current chemical security program for the chemical industry for another three years. The committee approved an amendment in the nature of a substitute to the original House bill.
• Another Senate committee, Environment and Public Works, is considering legislation that would include water utilities in chemical facility security regulation even though certain provisions would be inappropriate for water utilities.
• A particular concern is a provision that allows state officials to second guess decisions by local officials on which chemicals to use.
• Choice of disinfectants and other chemicals reflect characteristics of local waters & infrastructure to ensure public safety and health is protected.
• The choice of disinfectants has to be made locally.

Ask
• Your senator to vote for H.R. 2868 as reported out of the Senate Committee on Homeland Security without amendment.

Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.

Leave
• The leave-behind paper (if this is a personal visit) packet, and a business card or other contact information.

Support Improvement of the State Revolving Loan Fund;
Bring to the Floor and Pass S. 1005

• Action Requested: Support reform and expanded capitalization of state revolving loan fund programs for drinking water and wastewater. To that end, the Senate should bring to the floor and vote for S.1005, the Water Infrastructure Financing Act.

Background: High-quality drinking water and wastewater systems are essential to public health, business, and quality of life in the United States. AWWA and others have documented that our water and wastewater infrastructure is aging and that many communities must begin to increase their levels of investment in the repair and rehabilitation of water infrastructure in order to protect public health and safety and to maintain environmental standards.

AWWA has long believed that Americans are best served by water systems that are self sustaining through rates and other local charges. However, we recognize that at present, some communities need assistance due to hardship or special economic circumstances. According to the US Conference of Mayors, in 2004-2005 Americans invested $84 billion in water and wastewater infrastructure, of which more than 95 percent represented state and local funds without subsidies or federal assistance.

The primary federal role in water infrastructure is one of leadership. Among other things, that role includes demonstrating and encouraging:

• Utility use of modern asset management tools and full-cost pricing;
• Use of rate structures that accommodate low and fixed-income customers as much as
practical;
• Adoption of green technologies and approaches such as water and energy conservation, water reuse, and non-traditional stormwater management;
• Use of cost-saving watershed and regional strategies, such as system consolidation,
regional management, and cooperative approaches among water, wastewater, and highway agencies within a region; and
• Use of advanced procurement and project delivery methods. S. 1005 contains elements of all of these roles. There is also an important role for the federal government in lowering the cost of capital for water and wastewater investments. Almost 70 percent of American communities use bonds to finance local infrastructure. They pay billions of dollars in interest costs each year. Lowering the cost of borrowing for water and wastewater infrastructure is an important way to leverage local funding and help America rebuild and rehabilitate our aging water infrastructure.

The House of Representatives has passed legislation to boost funding and make administrative improvements to the drinking water SRF program (H.R. 5320) and the wastewater SRF program (H.R. 1262). Action is needed quickly in the Senate to bring this issue to a conference committee.

America does not face a water infrastructure crisis at the present, but action is needed now to avert more serious problems in the years to come.
###


Talking points for your use in meetings; do not leave behind

State Revolving Loan Fund Legislation, S. 1005
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• The drinking water community has long been sounding the warning that the nation needs to invest in drinking water infrastructure.
• Needs are large and we need federal leadership.
• The state revolving loan fund (SRF) program – which provides low-cost loans to water systems that revolve to other water systems as they are paid back – is a sound approach, but needs more capital and some administrative improvements.
• S. 1005, reported out of the Senate Committee on Environment and Public Works last summer makes such improvements to the SRF program.

Ask
• Please urge Senate leadership to bring S. 1005 to the floor of the Senate.
• Vote for S. 1005.

Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.

Leave
• The leave-behind paper (if this is a personal visit) and a business card or other contact information.

SB3070 signed

P.A. 96-1366/SB 3070. Signed into law on July 28, 2010; effective July 28, 2010. Amends the Environmental Protection Act (EPAct). Requires public water supplies to submit a corrective action plan to the Illinois EPA upon the Agency’s issuing a right-to-know notice upon verifying that the finished public water has in fact exceeded 50% of the MCL for carcinogenic VOCs. Requires the response plan to include periodic sampling to measure and verify the effectiveness of the response plan, but also requires the Illinois EPA to take into account the technical feasibility and economic reasonableness of the response plan in approving, modifying, or denying the response plan. Illinois EPA agency bill.

Lazy Hazy Crazy Days of Summer

With one major exception, the summer of 2010 thus far has been fairly quiet. The General Assembly is home working on re-election campaigns and the governor has been trying to balance the budget while pondering the fate of over 600 bills that the legislature sent to him and scheduling almost daily bill signing ceremonies. As predicted, there will be no special session to consider borrowing $3.7 billion to make the state pension payment. That and other fiscal matters will have to wait until after November 2. Decisions made on the budget and spending, and issues such as state employee furloughs made initial press ripples but, for the most part, major controversy has not been as prevalent as has been the case the past few years.

The one story that has dominated the news cycle since June has been the Blagojevich trial and the potential impact it might have on the upcoming election cycle. But, with the stunning announcement from the former governor’s attorneys last week that they would not put on a defense, thereby ending the trial perhaps months earlier than planned, it appears that the potential November impact may be minimized … causing Republicans to stomp their feet in disgust and Democrats to wipe their brows in relief. However, only time will tell whether or not there truly will be any ancillary impact at the polls.


Campaign Season To Rev Up

While nominees have been out and about since the February primary election, expect campaign season to begin in earnest on or about August 1, and building to a crescendo that candidates hope will peak on election day.

Looking ahead, opposite sides will be trying to implement successful strategies in order to make the evening of November 2 a happy one.

Governor – Quinn’s strategy will be to emphasize his inheritance of the horrible fiscal condition of the state when he assumed office and his leadership in efforts to right the ship in the face of a horrible economy. He will also attempt to remind voters of his history of independence. He will also attempt to portray Brady as out of touch, too ultraconservative for Illinois, and with a no-tax, all-cut fiscal plan that will be ruinous to the state.

Brady will portray himself as a fiscal conservative that will end years of fiscal mismanagement and balance the state budget without raising taxes by freezing the budget at a former level, making tough decisions on cuts and by pledging no new taxes. He will attempt to characterize Quinn as a weak leader who continually flip-flops on decisions, and who will inhibit economic recovery by seeking a huge income tax increase in the middle of a deep recession. He will also likely try to link Quinn with Blagojevich but that strategy may not reverberate with voters because of Quinn’s history.

Senate – The magic number is 30. Democrats currently hold 37 of 59 seats and the GOP will be trying to end the ten year Democratic reign. A non-scientific review of the 20 senate seats up for election shows five in the swing category and another two as on the cusp. Should the GOP succeed in winning all seven Democrats would still control the chamber by one vote. If 2010 winds up being another 1994 then that may be possible.

House – Democrats have held the House since 1982 with one, two year exception in 1994. During the 1994 elections a swing of 13 seats cost them control, which they promptly won back in 1996. Speaker Michael Madigan vividly remembers 1994 and plans to do everything possible to avoid that from occurring in 2010. The magic number in the House is 60 and the Democrats currently hold 70 seats. Twelve Democratic seats and four GOP seats could be considered in the “target” category so there is more of a numerical possibility of change here than in the Senate, but it will still be a huge uphill climb for the GOP to “run the table”.

Remap – Why is 2010 any different than any other election year? One word … Reapportionment. The ability to draw legislative maps in 2011, the year after the census. And, to keep those districts in place and control the state agenda for ten years. Power.

The Illinois Constitution sets out a specific procedure for the reapportionment process. To completely control the process one party must control the governor’s office and both chambers of the General Assembly. In 1982, 1992 and 2002 there was split control so a tiebreaking procedure was utilized to determine who drew maps. Democrats won in 1982 and 2002. Republicans won in 1992. In each case there was at least a 50/50 chance of winning. When one party controls the process there is zero chance of the other side winning, so that’s what the GOP is looking to try to avoid in 2010.

Why was there even more partisanship in Springfield this year? Remap. Why was there no GOP cooperation to try to overcome the state’s problems, borrow, etc.? Because the GOP desperately needs to win one of the three parts of the remap process and have determined that the best way to do that is to show that the Democrats are ineffective leaders. And Democrats have done their best to play that part. With two weak gubernatorial candidates the GOP feels that they may have a shot there or, perhaps, in House elections.

See any similarities on the national level? Washington, D.C. is where bipartisanship has been non-existent. The national GOP wants as unlevel of a playing field as possible to win back state legislatures and governorships because they draw and approve congressional maps. There have been very few stories about the role that 2011 has played in 2009 and 2010 decision making, or lack thereof. But, reapportionment has been running in the background the entire time and will continue to do so until November 2 … and beyond.

Legislative Retirements

In the past few months there have been a number of House members who have left or who have announced their intentions to resign from the legislature.

District 18 – Rep. Julie Hamos (D-Evanston) has been replaced by Rep. Robin Gabel who also seeking election in November.

District 35 – Rep. Kevin Joyce (D- Chicago) has announced that he will be resigning from the House and from the November election ballot. No replacement has as yet been named.

District 36 – Rep. James Brosnahan (D-Evergreen Park) has been replaced by Rep. Michael Carberry. Carberry is not on the November ballot so his term will end in January.

District 60 – Rep. Eddie Washington (D-North Chicago) recently passed away. Rep. Rita Mayfield has been appointed to replace him.

District 78 – Rep. Deborah Graham (D-Chicago) has been replaced by Rep. Camille Y. Lilly.

None of the districts listed above are on target lists so each is expected to remain Democratic in November.


Lobbyist Registration Amendments

The governor has until August 3 to act on the legislature’s recently approved amendments to the Lobbyist Registration Act. There is some concern about his delay in acting.

SB 1526 establishes a fee of $300 for all registered individuals and entities and provides new lobbing expenditure reporting requirements. Filing of expenditure reports every two weeks beginning in January, 2011 would provide greater transparency and immediate access to information than do current requirements.

The reason for the governor’s delay in deciding the fate of the legislation is unknown, but should he decide to use his amendatory veto power and change any of the provisions, then the soonest a final resolution can be reached would be in November when the legislature returns to Springfield. We’ll know by August 3.


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. 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. Specifies that beginning June 1, 2016 any taxes currently imposed will no longer be continued unless approved by referendum. (Current Status – Approved – PA 96-1389)

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 – Approved – PA 96-1366)

Update - July 22, 2010

Both chambers are adjourned – the House to the call of the Speaker and the Senate to the call of the President. The Senate did not have enough votes to pass the borrowing bill (SB 3514) prior to adjournment. They may return if more Senators would vote for the plan - no word yet. Another reason for returning to Springfield early would be to address any vetoes by the Governor. At this time it appears they will not return until veto session. (But that could always change.)

All bills have been sent to the Governor. He has sixty days to approve them or veto them. Veto powers of the Governor include: total veto, amendatory veto, item veto, reduction veto or a combination of an item and reduction veto. If he does nothing, in sixty days, the bill automatically becomes law.

Bill numbers to date (7/22/10) are:
Passed Public Pending Total Amend Item/Re-
Both Acts Gov Act Veto Veto duct Veto

HBs 336 160 174 0 1 1

SBs 286 179 104 1 2 0
------------------------------------------------------------------------------------
622 339 278 1 3 1

VETOES: The Governor Vetoed SB 365, the GA did nothing so the total veto stands. The Governor Amendatorily Vetoed SB 28 and the GA overrode it, so it is a public act now(PA 96-0898.) SB 28 is counted in the Amend Veto column only. HB 859 has an item/reduction veto – any parts not vetoed are PA 96-0956. HB 859 is counted in the I/R Veto column only.
Amend Vetoes: HB 4842, SB 2544


Legislative Information System 7/23/2010
96th General Assembly 9:32:16 AM
All Bills (Bill Order)
Both Chambers ISAWWA
________________________________________
HB2 h Robert F. Flider

UTILITIES-ICC MEETINGS-AG TEST 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB46 Dan Brady

FIRST RESPONDER COMMUNICATION 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB57 David Reis

JT COMM CAPITAL IMPROVEMENTS 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB58 David Reis

WORKERS COMPENSATION-VARIOUS 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB63 John A. Fritchey

PREVAILING WAGE-PROJECTS 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB159 Sidney H. Mathias
(Pamela J. Althoff)
MUNI CODE-BIDS 08/07/2009 House Public Act . . . . . . . . . 96-0138

________________________________________
HB163 h Michael W. Tryon
(Pamela J. Althoff)
PREVAILING WAGE-NOTICE 08/14/2009 House Public Act . . . . . . . . . 96-0437

________________________________________
HB170 b Michael W. Tryon
(Susan Garrett)
PRIV SEWAGE/EPA-SRFCE DSCHRG 11/03/2009 House Public Act . . . . . . . . . 96-0801

________________________________________
HB207 Daniel V. Beiser

PUBLIC WORKS-ILLINOIS WORKERS 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB235 Kathleen A. Ryg

PLUMBING - RECLAIMED WATER 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB257 David Reis

REGULATION-TECH 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB350 Jil Tracy

EPA-NPDES PERMIT FEE PAYMENT 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB460 Ed Sullivan, Jr.
(Michael Bond)
BONDS-LOCAL GOV-WASTEWATER 08/14/2009 House Public Act . . . . . . . . . 96-0503

________________________________________
HB494 John A. Fritchey

REC LAND-CONSERVATION-EDU 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB629 h Frank J. Mautino
(Deanna Demuzio)
EPA-NPDES-CONSTRUCTION-FEES 08/11/2009 House Public Act . . . . . . . . . 96-0245

________________________________________
HB644 h Patrick J. Verschoore
(William R. Haine)
TWP CD-SEWERAGE CHARGES 12/23/2009 House Public Act . . . . . . . . . 96-0842

________________________________________
HB658 h Paul D. Froehlich
(Susan Garrett)
EPA--PHARMACEUTICAL TASK FORCE 08/13/2009 House Public Act . . . . . . . . . 96-0369

________________________________________
HB878 h Daniel V. Beiser

SPORT SHOOTING RANGE ACT 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB974 h Linda Chapa LaVia

EPA--CROSS-CONTAMINATION PROG. 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB1135 h Michael W. Tryon

MUNI CD-LIABILITY-OVERFLOW 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB1295 John D. Cavaletto

DNR--CONGRESS/DIR. SELECTION 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB1356 Angelo Saviano

PROF ENGINEERING PRACTICE ACT 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB2297 Kay Hatcher

LANDSCAPE WASTE-AGENCY PERMIT 03/10/2009 House Tabled By Sponsor Rep. Kay Hatcher

________________________________________
HB2377 h Michael K. Smith

LOCAL GOV-CONSTRUCTION BIDDERS 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB2417 Naomi D. Jakobsson

PROP TAX-STORMWATER FACILITIES 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB2434 h Elaine Nekritz

GREEN INFRASTRUCTURE ACT 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB2679 Chapin Rose

UTILITIES-TERMINATION-RENTERS 03/26/2009 House Tabled By Sponsor Rep. Chapin Rose

________________________________________
HB3710 Jim Watson

CRANE OPERATOR LICENSE-TECH 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3720 Renée Kosel

UTILITIES-FIRE HYDRANT REPAIR 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3735 Angelo Saviano

PLUMBING-CONTRACTR-LOCAL ORD 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3737 John E. Bradley

PREVAILING WAGE-UTILITIES 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3769 Frank J. Mautino

REGULATION-TECH 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3783 Kathleen A. Ryg

PLUMBING-SUMP PUMPS 03/26/2009 House Tabled By Sponsor Rep. Kathleen A. Ryg

________________________________________
HB3786 Michael W. Tryon

WATER WELL-CLOSED LOOP SYSTEMS 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3817 Kathleen A. Ryg

FERTILIZER BAN--STATE TURF 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3829 Patricia R. Bellock

GREAT LAKES PRESERVATION 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3835 Julie Hamos

RAILROAD RIGHT OF WAY ACT 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB3846 Daniel V. Beiser

CONSTRUCTN CONTRACT-APPRENTICE 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB4021 s Frank J. Mautino
(Susan Garrett)
EPA-SOIL GAS, GROUNDWATER 08/24/2009 House Public Act . . . . . . . . . 96-0603

________________________________________
HB4159 Jehan A. Gordon

UTILITIES-CUSTOMER SERVICE 03/13/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB4249 h Sandra M. Pihos

EPA--DISPOSAL OF DRUGS 04/03/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB4708 Michael G. Connelly
(Dan Cronin)
CNTY CD-SPECIAL MEETING-NOTICE 06/27/2010 Senate Pursuant to Senate Rule 3-9(b) / Referred to Assignments

________________________________________
HB4757 Michael W. Tryon

WATER AUTHORITY-INCORPORATION 03/15/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB4936 Naomi D. Jakobsson

PHOSPHOROUS FERTILIZER BAN 03/26/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5115 Patricia R. Bellock

IDPH-PRESCRIPT DRUG REPOSITORY 03/15/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5131 Tom Cross

MUNI CD-SPC ASSESSMENT-UTILITY 01/29/2010 House Referred to Rules Committee

________________________________________
HB5147 h Michael G. Connelly
(Dan Cronin)
EPA/UTILITIES-BIOMASS 06/02/2010 House Sent to the Governor

________________________________________
HB5226 h Deborah Mell
(Heather Steans)
EPA-WATER LOAN PROGRAMS 06/09/2010 House Public Act . . . . . . . . . 96-0917

________________________________________
HB5296 h Frank J. Mautino

VERMILION RIVER-NAVIGABLE 03/26/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5347 Linda Chapa LaVia

UTILITIES-REPORTS TO ICC 02/05/2010 House Referred to Rules Committee

________________________________________
HB5348 Linda Chapa LaVia

UTILITIES-AMORTIZE-FACILITIES 02/05/2010 House Referred to Rules Committee

________________________________________
HB5468 Elizabeth Coulson

LAWN SPRINKLERS-EXEMPTION 02/05/2010 House Referred to Rules Committee

________________________________________
HB5482 Renée Kosel

UTILITIES-FIRE HYDRANT REPAIR 02/05/2010 House Referred to Rules Committee

________________________________________
HB5485 Renée Kosel

MUNI CD-WATERWORKS VALUATION 03/26/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5491 Donald L. Moffitt

UTILITIES-JULIE PENALTIES 03/15/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5552 Randy Ramey, Jr.

LOCAL GOVERNMENT-TECH 03/26/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB5747 Patrick J. Verschoore

PLUMBING-RURAL WATER COMPANY 02/09/2010 House Referred to Rules Committee

________________________________________
HB5837 Michael W. Tryon

UTILITIES-FIRE PROTECTION 03/15/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB6099 b Brandon W. Phelps
(Michael Noland)
AGRICULTURE-FERTILIZER ACT 07/06/2010 House Public Act . . . . . . . . . 96-1005

________________________________________
HB6118 Elaine Nekritz

TOXIC CHEMICAL SAFETY ACT 02/11/2010 House Referred to Rules Committee

________________________________________
HB6120 h Elaine Nekritz

EPA-ADMINISTRATIVE ENFORCEMENT 03/26/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
HB6131 Dan Reitz

EPA-PERMITS-MODIFICATIONS 02/11/2010 House Referred to Rules Committee

________________________________________
HB6349 b Daniel V. Beiser
(John M. Sullivan)
FINANCE-TECH 06/16/2010 House Public Act . . . . . . . . . 96-0929

________________________________________
SB32 s Susan Garrett
(John E. Bradley)
PLUMBING - RECLAIMED WATER 01/11/2010 House Re-assigned to Rules Committee

________________________________________
SB137 Louis S. Viverito

ELECTRICIANS LICENSING ACT 03/13/2009 Senate Rule 3-9(a) / Re-referred to Assignments

________________________________________
SB178 s Susan Garrett
(Sandra M. Pihos)
EPA-HOUSEHOLD WASTE DROP-OFF 08/04/2009 Senate Public Act . . . . . . . . . 96-0121

________________________________________
SB254 s Terry Link
(Michael W. Tryon)
LICENSE-CLOSED LOOP CONTRACTOR 05/08/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
SB259 James F. Clayborne, Jr.

SPORT SHOOTING RANGE ACT 03/13/2009 Senate Rule 3-9(a) / Re-referred to Assignments

________________________________________
SB264 Michael W. Frerichs
(Frank J. Mautino)
MUNI ELECTRIC & GAS AGENCIES 08/10/2009 Senate Public Act . . . . . . . . . 96-0204

________________________________________
SB580 b Dan Cronin
(Randy Ramey, Jr.)
WATER COMMISSIONS-COUNTIES 06/01/2010 Senate Sent to the Governor

________________________________________
SB802 John J. Cullerton

AGING-TECH 08/15/2009 Senate Pursuant to Senate Rule 3-9(b) / Referred to Assignments

________________________________________
SB1051 A. J. Wilhelmi

CIVIL LAW-TECH 06/27/2010 Senate Pursuant to Senate Rule 3-9(b) / Referred to Assignments

________________________________________
SB1221 h Donne E. Trotter
(Michael J. Madigan)
$DCEO 07/30/2009 Senate Item/Reduction Veto Stands 96-0039

________________________________________
SB1269 s Heather Steans
(Dan Reitz)
LEAD SINKER & LEAD JIG BAN 07/23/2009 Senate Public Act . . . . . . . . . 96-0061

________________________________________
SB1357 b Dale E. Risinger
(Donald L. Moffitt)
UTILITIES-ONE CALL SYSTEM 08/25/2009 Senate Public Act . . . . . . . . . 96-0714

________________________________________
SB1375 John J. Millner
(Angelo Saviano)
CRANE OPERATOR LICENSE-TECH 05/08/2009 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
SB1489 b Iris Y. Martinez
(Elaine Nekritz)
GREEN INFRASTRUCTURE ACT 06/30/2009 Senate Public Act . . . . . . . . . 96-0026

________________________________________
SB1597 Dave Syverson

UTILITIES-TERMINATION-RENTERS 03/13/2009 Senate Rule 3-9(a) / Re-referred to Assignments

________________________________________
SB1887 David Koehler

ELECTRIC CONTRACTORS LICENSING 03/13/2009 Senate Rule 3-9(a) / Re-referred to Assignments

________________________________________
SB1919 h Susan Garrett
(Karen May)
EPA-HEALTH FACILITIES-DRUGS 08/10/2009 Senate Public Act . . . . . . . . . 96-0221

________________________________________
SB2121 s Deanna Demuzio
(Frank J. Mautino)
EPA-NPDES STORM WATER FEES 10/29/2009 Senate Total Veto Stands

________________________________________
SB2141 Christine Radogno

UTILITIES-VILLAGE-WATERWORKS 03/05/2009 Senate Re-referred to Assignments

________________________________________
SB2184 s Susan Garrett
(Elaine Nekritz)
WATER USE-HIGH CAPACITY WELLS 08/10/2009 Senate Public Act . . . . . . . . . 96-0222

________________________________________
SB2549 s Susan Garrett
(Kevin A. McCarthy)
PLUMBING-RAINWATER SYSTEMS 04/30/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
SB3020 Michael W. Frerichs

LOCAL GOVERNMENT-TECH 03/08/2010 Senate Rule 3-9(a) / Re-referred to Assignments

________________________________________
SB3070 h Pamela J. Althoff
(Michael W. Tryon)
EPA-CARCINOGENIC COMPOUNDS 06/01/2010 Senate Sent to the Governor

________________________________________
SB3344 s James F. Clayborne, Jr.
(Dan Reitz)
EPA-PERMITS-MODIFICATIONS 05/28/2010 House Rule 19(a) / Re-referred to Rules Committee

________________________________________
SB3468 Dan Cronin

LOCAL GOVERNMENT-TECH 02/10/2010 Senate Referred to Assignments

________________________________________
SB3749 b A. J. Wilhelmi
(Renée Kosel)
CNTY CD-COPIES OF RECORDS-FEES 06/25/2010 Senate Sent to the Governor

________________________________________
SR81 John M. Sullivan

WATERWAY MODERNIZATION 04/29/2009 Senate Resolution Adopted; 056-000-000

________________________________________
HJR10 Karen May

CAP. BILL-ENVTL RESPONSIBILITY 04/22/2009 House Resolution Adopted

________________________________________
SJR87 John M. Sullivan
(Richard P. Myers)
URGE CONGRESS-FUND-FLOOD PLAN 04/29/2010 Senate Adopted Both Houses

________________________________________
Totals: 92 - (House Bills: 63) (Senate Bills: 26) (Other Bills: 3)

“The Merry, Merry Month Of May” – The Beginning

May is always the most interesting month on the legislative calendar. May, 2010 was no exception, especially since the initial calendar indicated that the goal of legislative leaders was to adjourn on May 7.

Thursday, May 6. Everything was rolling toward adjournment. The final agreements among Democratic leaders apparently had been reached and the respective amendments filed. One path to a May 7 adjournment was questionable, but there was a backup plan in case that failed. While the result was going to be very unpleasant the bills would pass and the legislature would be going home. Wrong.

While there were underpinnings of dissatisfaction bubbling in the House Democratic caucus during the week there was no real expectation that a revolt would result to derail the expected early legislative adjournment. Those underpinnings were the result of pressure from a number of sources that caused many caucus members to think twice about taking an early deal and heading home to face constituents. The message that resounded for many was, “Don’t shirk your responsibility to try to approve a responsible budget by leaving town three weeks before your real deadline”. More than a few took that message seriously and the end result was a “victory” to try to effectuate a better budget deal by the end of May. But will it be a real “victory” when the smoke clears? That’s the $13 billion question.

A budget proposal that took shape after long discussions by the governor and Democratic legislative leaders contained the following provisions: borrowing $3.7 billion to make the state’s required pension payment; sending a lump sum budget to the governor similar to last year and relegate the establishment of spending priorities to him: providing the governor with emergency budget powers; extending the state “lapse period” until December 31; increasing the state cigarette tax; creating a tax amnesty program; and “securitization” of the state’s tobacco settlement funds (borrowing against the expected proceeds).

With 37 Democratic members and a three-fifths majority (36) needed to approve borrowing, the Senate had little trouble moving the proposals through its chamber. When the first attempt to do the same in the House (70 Democrats and 71 votes needed for a three-fifths majority) fell two votes short due to one Democratic defection and zero GOP support it became somewhat obvious that unless a Republican or two votes for the additional borrowing the path to adjournment would be through a pension payment delay (the backup plan) and enactment of the remainder of the budget “package”.

But, during legislative sessions there are often strange twists that develop and create diversions.
The diversion this time was a rumor that eight Republicans were willing to come forward and vote for HB 174, tax increase legislation approved by the Senate last year and that has been long sought after by many interests. This development fractured the House Democratic caucus into three groups: 1) “Get Me Outa Here” – The state is broke … let’s just pass something and go home; 2) “Hey, If We Take Some Time Maybe We’ll Look Like Statesmen” – they’re pressuring us not to take a quick deal and go home quickly so let’s stay a while and make it look “deliberative”; and 3) “I Can Dream, Can’t I?” – let’s see if we can imitate the ending of a Frank Merriwell novel and pass the tax increase at the last second. The resulting dysfunction resulted in a collapse in any hope of a realistic solution, for now. Even a two hour private caucus meeting between the governor and House Democrats on Friday morning couldn’t create harmony and support for a unified plan.

Later in the day on May 7 the House took another shot at approving the borrowing plan. It received only 57 votes, 12 votes less than needed, due, most probably, to the realization that it had no chance to pass because no Republicans were going to offer support. Immediately after this vote Speaker Madigan offered an amendment that would have cut the $3.7 billion from the budget. To no one’s surprise the amendment failed on a 15-99 vote. But, these two votes did point out the quandary the legislature finds itself in … not enough votes to borrow and no will to cut.

Also on that same day the Senate approved a pension funding bill that specifies that the governor should make the January, 2011 pension payment if the state has the money. This proposal was not considered by the House on Friday but was thought to be the linchpin for a final solution. It’s not borrowing and it’s not quite a pension “holiday”. Or, to describe it as one would the Three Bears children’s story … it’s not too hot, not too cold, but the big question is if it’s “just right.” Judging from legislative actions in late May, this may be the base upon which the rest of the budget rests.

When the budget cut amendment failed on May 7 Speaker Madigan announced that he would leave the bill on the order of 2nd Reading and welcome any member amendments seeking cuts. Only two were filed so far and they did’t do very much cutting. Soon after, the announcement was made that the legislature went home to return at the end of the month.

“The Merry, Merry Month Of May” – The End

“The more things change, the more they stay the same,” the old saying goes. Looking back on the semi-concluded General Assembly session and its final budget product the gist of that saying strikes a perfect chord. Was there any major difference between what the legislature considered last week and what was before them when they recessed on May 7? Nope. So what was the point? The break did allow some legislators an attempt at identifying and generating support for targeted budget reductions, but in the end those efforts were to no avail. The break certainly didn’t provide any clarity to whether or not the legislature would leave town with a balanced budget and an agreement on how to pay for pensions. Quite the contrary.

To borrow or not to borrow, that is, and remains, the question. Since new revenues are not on the table, borrowing the $3.7 billion to make the state’s upcoming pension payment seems the only prudent thing to do in the eyes of practically everyone except legislative Republicans and the Chicago Tribune. The cost to borrow would be approximately $1 billion in interest payments. Missing a payment would require pensions systems to deplete assets that could cost billions over the long term. 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.

When the legislature left Springfield on May 7 it was unsure whether there was support enough for borrowing. Three weeks later it is still the great unknown and may force the Senate to make a summer trek back to Springfield if the question is answered in the affirmative.

After the House approved the additional borrowing last week with no votes to spare an estimated five Senate Democrats balked at the plan for various reasons. So, at this juncture either the Democratic dissidents will have to “get religion,” or the governor will have to convince a few Republicans to cross over … plausible but not likely. Borrowing requires a three-fifths majority in each chamber and the Democratic majority there exceeds that percentage with one vote to spare. So, if they can convince the remaining members of their caucus to support it, they can pass it. Senate President John Cullerton indicated that if the votes materialize he will call the members back to session. Does it matter if this occurs after May 31? No. While the Constitution requires a three-fifths vote for legislation to be effective immediately after May 31, vote requirement for borrowing is also three-fifths, so that question is moot.

If the borrowing plan is not approved, what we are left with is a “pension payment alternate” that was approved. It calls upon the governor to make the January pension payment if the state has the money. There is little doubt that the result of this “alternate” will be a missed payment, unless new revenues appear before January.

Regardless, the focus now shifts to the gubernatorial and legislative election contests to be decided in November. Because those elected on November 2 will be directly involved in the 2011 remap process, the legislative actions or inactions in May and their impact on November’s elections will shape Illinois public policy for at least the next decade.

Laws and Sausage

There is an old adage that says “there are two things that people should never watch being made, laws and sausage”. The actions of the House last week to approve the borrowing measure was a classic example.

The seventy member House Democratic majority was one short of the three-fifths majority needed to approve the pension borrowing plan, so at least one Republican vote was needed … and, since the GOP was adamantly opposed to that scheme, they couldn’t be counted on to lift a finger to help. The GOP goal was to get the session into overtime so they would have a seat at the table and help both steer the session and, consequently, try to impact the upcoming gubernatorial campaign. It is also important to note that the pension borrowing bill was the “big enchilada”. Since every other bill on the budget or other relevant issue would require a 60 vote majority to pass, the borrowing proposal was the House GOP’s last stand. If the borrowing passed then the game, for all intents and purposes, was over. Especially since the Senate has enough Democratic votes to provide the extraordinary majority needed … provided, of course, that they are all on the same page … but the extent of Senate opposition was unknown as of the afternoon of Tuesday, May 25.

It wasn’t easy, but sometimes things in Springfield never are. Late that afternoon a vote was taken to approve SB 3514 – the borrowing bill. It failed by one vote… with two Republicans, Reps. Bill Black (R-Danville) and Robert Pritchard (R-Sycamore), voting yes but two Democrats, Reps. Jack Franks (D-Woodstock) and David Miller (D-Dolton), voting no. Shortly after, Rep. Miller, because he voted on the prevailing side, was able to file a motion to reconsider the vote and that motion was approved. When the second vote was taken, the magic number of 71 was achieved. On the Republican side Rep. Pritchard changed his vote from “yes” to “no” on the second try. But Rep. Robert Biggins (R-Elmhurst) switched to “yes”. His vote along with that of Rep, Miller made the difference. House Republicans were apoplectic at the defectors, their strategy of forcing the session into overtime having been thwarted.

Once SB 3514 was approved the House, in short order, approved a budget, a tax amnesty program, and provided the governor with emergency powers. They thought the rest of the session would end in a snap. Little did they know ...

On Wednesday, May 26, the Senate arrived back in Springfield to consider the House actions. As noted above, the expected quick ratification of the borrowing plan never occurred thereby thwarting a decisive end to the spring session.

Budget High/Lowlights

Here are some of the budget related actions taken by the General Assembly prior to their “adjournment” last week:

• State Budget – HB 859 – provides a total of state appropriations of $26.2 billion, including a 5% across the board decrease ($400 million) in state operations from FY 2010.

• Tax Amnesty – HB 377 was approved and designates a period between October 1 and November 8 as a tax amnesty period for individuals who accumulated unpaid taxes between June 30, 2002 and July 1, 2009. The state will also be able to sell debt to private collection agencies.

• Emergency Budget Act – SB 3660 gives the governor extraordinary powers to make spending decisions between now and January 9, 2011 (the day before the winner of the governor’s race will be sworn into office). The legislation also allows the governor to initiate emergency rules, extends the state lapse period to December 31, allows the governor to modify or terminate state contracts, and provides for interfund borrowing with interest and will generate over $1 billion.

• Railsplitter Tobacco Settlement Authority – SB 3660 establishes this authority to leverage or “securitize” of the state’s annual tobacco settlement payment by borrowing against those proceeds. It is estimated that over $1 billion could be generated.

• Legislative Benefit Reductions – SB 3660 requires that members of the General Assembly take a total of twelve furlough days and receive no COLA during the next fiscal year. Per diem and mileage reimbursements were also reduced. The governor will also be required to take twelve furlough days.

• Medicaid – the legislature approved a $200 million reduction in Medicaid appropriations. No direction was given as to what programs will be impacted, although there is some speculation that the All Kids program may be a target due to investigative revelations that came to the fore recently.

• Budget Reduction Attempts – During the May legislative break a group of eight House and two Senate Democrats attempted to try to find an additional $1 billion in cuts to be considered when the legislature reconvened. While the group identified $1.3 billion in potential cuts, few of the resulting amendments were adopted. Their recommendation of $200 in Medicaid cuts was adopted, but cuts in elementary, secondary and higher education, as well as requiring retired state employees to pay higher health care premiums were rejected.

• Cigarette Tax Increase – Senate Bill 44 that passed the Senate in April was not considered on the Floor of the House. The bill still sits on the calendar and could still be considered in November, but that may be unlikely.

• School Sales Tax Holiday – the legislature approved Gov. Quinn’s proposal to exempt sales taxes school supplies and clothing from August 6 through August 15. Opponents argued that the state can’t afford it. Proponents said that in other states where such limited tax holidays are offered there are net revenue gains.

• Gaming – the legislature approved the expansion of legalized video poker machines at truck stops and fraternal organizations. Attempts to legalize slot machines at horse racing tracks, once thought to be a legitimate cog in the effort to raise state revenue, was not called for a vote and is dead. This marked another in a long series of attempts to place gaming expansion on the front burner during the session only to see no action occur. Gaming opponents are thrilled. Proponents, not so much. Gaming issues have always had plenty of bark but no bite.

Veto Session Dates Set

The dates for the post-election veto session have been announced: November 16, 17, 18 and November 30, December 1, 2.

Grab The Tylenol … Or Something Stronger

It was reported last week that the Center for Tax and Budget Accountability has estimated that they estimate the state deficit will be approximately $7 billion at the end of FY 2011. They also conclude that to maintain that level into FY 2012 the state will need an additional $3.1 billion … not including the required pension payment.

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 – Passed Both Houses)

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 Both Houses)