Section 28.5 of the Environmental Protection Act, concerning fast-track Clean Air Act rulemakings, sunset on December 31, 2007. This bill adds a new Section 28.5 of the Act to take its place. The bill defines a fast-track rulemaking as a proceeding that the Clean Air Act Amendments of 1990 ("CAAA") require to be adopted. The definition of "requires to be adopted" has not changed and still defines it as those rules for which the United States Environmental Protection Agency is "empowered to impose sanctions." Unlike the old Section 28.5, however, the new language replaces "shall" with "must" in many, but not all of the subsections, arguably making some of the procedures mandatory while others remain optional.

Creates a new section of the Environmental Protection Act allowing the IEPA to make determinations that certain materials are not wastes as long as the materials are used beneficially and in a manner that is protective of human health and the environment.

The applicant for a beneficial use determination ("BUD") must demonstrate that:

• the chemical and physical properties of the material are comparable to similar commercially available materials
• there is a market demand for the material
• the material is "legitimately beneficially used"

"Legitimately beneficially used" means that the material is managed separately from waste as a valuable material, the material is used as an effective substitute for a similar commercially available material, and the applicant can demonstrate that the material is not stored longer than necessary and is not abandoned.

The bill requires that BUD applications be submitted to the IEPA and that disapprovals or approvals with conditions must include the IEPA's reasons for conditions or disapproval. The bill does not include a timeframe within which the IEPA must make a decision on the application. BUDs are effective for five years, yet the material retains its non-waste status even after the effective period of the BUD so long as it complies with the terms of the BUD and otherwise does not become a waste.

The new section will not apply to the use of materials for which there already exist Illinois Pollution Control Board regulations for their beneficial use such as coal combustion waste, coal combustion byproduct, materials used for energy recovery, and steel and foundry industry waste. This new section also does not apply to materials that cannot be used beneficially, such as hazardous waste.

This bill amends the Environmental Protection Act to limit National Pollutant Discharge Elimination System (NPDES) permit fees for construction site storm water discharges. Beginning in 2010, after the initial fee payment, holders of construction site storm water NPDES permits must no longer pay an annual fee. Additionally, beginning in 2010, the initial $500 fee becomes $250 for sites where less than five acres are disturbed and becomes $750 for sites where five or more acres are disturbed.

Amends the Illinois Renewable Fuels Development Program Act by authorizing the Department of Commerce and Economic Opportunity to award, in excess of the annual aggregate grant total of $20 million, up to $4 million to a grant applicant who installs advanced technologies for water usage, carbon footprint reduction and other blending improvements designed to optimize processes at the applicant's renewable fuels facility.

This bill creates a new act, the Green Buildings Act, requiring state-funded building construction and major renovations of existing state-owned facilities to meet certain energy and environmental standards of the Leadership in Energy and Environmental Design (LEED) program rating system, the Green Building Initiative's Green Globes rating system, or an equivalent rating system.

This bill allows the Capital Development Board to grant a waiver from these standards when the applicant can demonstrate:

• unreasonable financial burden, taking into account operating and construction costs over the life of the building and the total cost of ownership of the building
• unreasonable impediment to construction
• that standards would impair the principal function of the building
• that standards would compromise the historic nature of the structure

The bill also requires state-funded building construction and major renovations of existing state-owned facilities to implement at least one LEED alternative transportation criterion for public transportation or bicycle access.

The standards contained in the Act will be analyzed and evaluated by the Capital Development Board five years after the effective date or upon the completion of 10 Capital Development Board green projects, whichever comes first

This bill amends the Illinois Vehicular Code by increasing the percentage of biodiesel blend required to be used by a diesel powered vehicle owned by the state or units of local government (including county or local government, any school district, any community college or public college or university, or any mass transit agency) when refueling at a bulk central fueling facility from 2% to 5%, unless the engine is designed to operate on a higher percentage of biodiesel or on ultra low-sulfur fuel.

The bill defines a "bulk central fueling facility" as a non-commercial fueling facility whose primary purpose is the fueling of vehicles owned or operated by the State, a county or unit of local government, a school district, a community college or public college or university, or mass transit agency.

The bill requires the Secretary of Transportation to adopt rules that will implement the provisions of the bill.