Bill Text: IL HB4846 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Hospital Licensing Act. Provides that, on and after January 1, 2023, "hospital" includes rural emergency hospitals, as defined under specified federal provisions. Allows the Department of Public Health to adopt emergency rules and makes a conforming change in the Illinois Administrative Procedure Act. Amends the Behavior Analyst Licensing Act. Provides that a person qualifies to be licensed as a behavior analyst or an assistant behavior analyst if that person is a graduate of a graduate level program in the field of behavior analysis or a related field with an equivalent course of study in behavior analysis (rather than just the field of behavior analysis). Provides that notwithstanding the provisions providing that the Act does not prohibit an individual from implementing a behavior analytic treatment plan under the extended authority, direction, and supervision of a licensed behavior analyst or licensed assistant behavior analyst, no business organization shall provide, attempt to provide, or offer to provide behavior analysis services unless every individual who holds an ownership interest holds a currently valid licensed issued under the Act. Amends the Podiatric Medical Practice Act of 1987. Provides a one-time fee waiver for Fiscal Year 2023. Provides that no individual may benefit from such waiver more than once. Provides that if an individual has already paid a fee for Fiscal Year 2023, then the Department of Financial and Professional Regulation shall apply the moneys to the next required fee. Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning hospital reimbursements, provides that effective October 1, 2023, for rate year 2024 and thereafter, the Medicaid Inpatient utilization rate, used in the determination of eligibility for payments under provisions concerning inpatient adjustment payments, shall be modified to exclude from both the numerator and denominator all days of care provided to military recruits or trainees for the United States Navy and covered by TriCare or its successor. In provisions concerning the Medicaid Access Adjustment of $4 for specified nursing facilities, provides that beginning on the effective date of the amendatory Act, the Medicaid Access Adjustment of $4 shall be increased by $0.75 and the increased reimbursement rate shall be applied to services rendered on and after July 1, 2022. Requires the Department of Healthcare and Family Services to recalculate each affected facility's reimbursement rate retroactive to July 1, 2022 and remit all additional money owed to each facility as a result of the retroactive recalculation. Provides that by December 31, 2022, the Department Healthcare and Family Services shall obtain appropriate documentation from Qualifying Ground Ambulance Service Providers to ascertain an accurate count of the number of licensed vehicles available to serve enrollees in the State's Medical Assistance Programs. Provides that by February 28, 2023, Qualifying Ground Ambulance Service Providers shall be initially notified of their eligible award. Provides that after March 31, 2024, any unobligated funds shall be reallocated pro rata to the remaining Qualifying Ground Ambulance Service Providers that are able to prove up eligible expenses in excess of their initial award amount until all such appropriated funds are exhausted. Makes changes in a provision on funds awarded for a COVID-19 response support initiative. Amends the Long-Term Care Provider Funding Article of the Illinois Public Aid Code. Provides that for the privilege of engaging in the occupation of long-term care provider for each occupied non-Medicare bed day, beginning July 1, 2022, an assessment is imposed upon each long-term care provider in an amount of $7 per occupied bed day for any non-profit nursing facilities without Medicaid-certified beds. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2022-12-30 - Final Action Deadline Extended-9(b) January 10, 2023 [HB4846 Detail]

Download: Illinois-2021-HB4846-Engrossed.html

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HB4846 Engrossed LRB102 25362 SPS 34642 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Solid Waste Site Operator Certification Law
is amended by changing Sections 1004, 1005, 1006, 1007, 1009,
1010, and 1011 as follows:
(225 ILCS 230/1004) (from Ch. 111, par. 7854)
Sec. 1004. Prohibition. Beginning January 1, 1992, no
person shall cause or allow the operation of a landfill
permitted or required to be permitted by the Agency unless the
landfill has on its operational staff at least one natural
person certified as competent by the Agency under the
provisions of this Act.
(a) For landfill sites which accept non-hazardous solid
waste other than clean construction or demolition debris, the
landfill shall have a Class A Solid Waste Site Operator
certified by the Agency who is responsible for directing
landfill operations or supervising other operational staff in
performing landfill operations.
(b) (Blank). For landfill sites which accept only clean
construction or demolition debris, the landfill shall have a
Class A or B Solid Waste Site Operator certified by the Agency
who is responsible for directing landfill operations or

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supervising other operational staff in performing landfill
operations.
(c) For landfill sites which accept special waste, the
landfill shall have a Class A Solid Waste Site Operator
certified by the Agency who has received a certification
endorsement for the acceptance of special waste and who is
responsible for directing landfill operations or supervising
other operational staff in performing landfill operations.
(Source: P.A. 86-1363.)
(225 ILCS 230/1005) (from Ch. 111, par. 7855)
Sec. 1005. Agency authority. The Agency is authorized to
exercise the following functions, powers and duties with
respect to solid waste site operator certification:
(a) To conduct examinations, as well as to approve the
use of examinations conducted by third parties, to
ascertain the qualifications of applicants for
certificates of competency as solid waste site operators;
(b) To conduct courses of training on the practical
aspects of the design, operation and maintenance of
sanitary landfills;
(c) To issue a certificate to any applicant who has
satisfactorily met all the requirements pertaining to a
certificate of competency as a solid waste site operator;
(d) To suspend, revoke or refuse to issue any
certificate for any one or any combination of the

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following causes:
(1) The practice of any fraud or deceit in
obtaining or attempting to obtain a certificate of
competency;
(2) Negligence or misconduct in the operation of a
sanitary landfill;
(3) Repeated failure to comply with any of the
requirements applicable to the operation of a sanitary
landfill, except for Board requirements applicable to
the collection of litter;
(4) Repeated violations of federal, State or local
laws, regulations, standards, or ordinances regarding
the operation of refuse disposal facilities or sites;
(5) For a holder of a certificate, conviction in
this or another State of any crime which is a felony
under the laws of this State or conviction of a felony
in a federal court; for an applicant, consideration of
such conviction shall be in accordance with Section
1005-1;
(6) Proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or
disposing of any hazardous waste; or
(7) Being declared to be a person under a legal
disability by a court of competent jurisdiction and
not thereafter having been lawfully declared to be a
person not under legal disability or to have

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recovered.
(e) To adopt rules necessary to perform its functions,
powers, and duties with respect to solid waste site
operator certifications.
(Source: P.A. 100-286, eff. 1-1-18.)
(225 ILCS 230/1006) (from Ch. 111, par. 7856)
Sec. 1006. Certification classifications. Solid Waste Site
Operators shall be certified in accordance with the following
classifications:
(a) Class "A" Solid Waste Site Operator certificates shall
be issued to those persons who in accordance with the
provisions of this Section demonstrate a practical working
knowledge of the design, operation, and maintenance of
sanitary landfills in the following areas:
(1) unloading, spreading, and compacting of waste,
litter collection, and vector abatement;
(2) traffic control of vehicles delivering waste;
(3) application, maintenance, and inspection of cover
and cover requirements under Board rules and Agency
permits;
(4) fire control, on-site personnel safety
requirements, and contingency plan implementation;
(5) leachate control operation, leachate management,
and landfill gas management;
(6) identification of classes of waste;

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(7) causes for revocation or suspension of
certificates;
(8) reporting and recordkeeping required by Board and
Agency regulations and Agency permits;
(9) financial assurance and groundwater monitoring
requirements;
(10) development and implementation of contingency
plans, closure plans, post closure plans, and corrective
action; and
(11) requirements for payment of fees.
(b) (Blank). Class "B" Solid Waste Operator Certificates
shall be issued to those persons who demonstrate a practical
working knowledge of the design, operation, and maintenance of
landfill sites accepting only clean construction or demolition
debris in the following areas:
(1) unloading and spreading of waste;
(2) traffic control of vehicles delivering waste;
(3) application, maintenance, and inspection of cover
and cover requirement under Board rules and Agency
permits;
(4) fire control, on-site personnel safety segments
and contingency plan implementation;
(5) leachate control operation and leachate
management;
(6) identification of classes of waste;
(7) causes for revocation or suspension of

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certificates;
(8) reporting and recordkeeping required by Board and
Agency regulations and Agency permits;
(9) financial assurance and groundwater requirements;
and
(10) development and implementation of contingency
plans, closure plans, post closure plans, and corrective
action.
(c) Special waste certificate endorsements shall be issued
to those persons who are certified as Class A Solid Waste Site
Operators in accordance with the provisions of this Section,
and who demonstrate a practical working knowledge of the
design, operation, and maintenance of sanitary landfills
relative to the acceptance and disposal of special wastes.
(Source: P.A. 86-1363.)
(225 ILCS 230/1007) (from Ch. 111, par. 7857)
Sec. 1007. Qualifications. Every solid waste site operator
certified by the Agency shall be capable of performing his
duties without endangering the public health or the
environment and without violating the requirements applicable
to operation of sanitary landfills; shall be able to read and
write English; shall produce evidence acceptable to the Agency
as to his ability to maintain and operate properly the
structures and equipment entrusted to his care; and shall
satisfactorily demonstrate to the Agency a practical working

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knowledge of the design, operation, and maintenance of
sanitary landfills appropriate to the classification for which
certification is sought. In addition, persons shall be
certified as Class "A" or Class "B" based on level of
competency determined by examination and in accordance with
educational and experience levels as follows:
(a) Class "A" Certificates.
(1) Graduation from high school or equivalent and not
less than 2 years of acceptable study, training, and
responsible experience in sanitary landfill operation or
management, or not less than 7 years of acceptable study
training and responsible experience in operation or
management of earth moving equipment; or
(2) Grammar school completion or equivalent and not
less than 15 years of acceptable study, training, and
responsible experience in sanitary landfill operation or
management.
(b) Class "B" Certificates.
(1) Graduation from high school or equivalent and not
less than 6 months of acceptable study, training, and
responsible experience in sanitary landfill operation or
management, or not less than 3 years of acceptable study
training and responsible experience in operation or
management of earth moving equipment; or
(2) Grammar school completion or equivalent and not
less than 5 years of acceptable study, training, and

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responsible experience in sanitary landfill operation or
management.
(Source: P.A. 86-1363.)
(225 ILCS 230/1009) (from Ch. 111, par. 7859)
Sec. 1009. Examinations.
(a) Applicants shall undergo examinations Examinations
provided or approved by the Agency shall be given to
applicants for the purpose of determining if the applicants
can demonstrate a practical working knowledge of the design,
operation, and maintenance of sanitary landfills appropriate
to the classification for which certification is sought. No
certificate shall be issued prior to successful completion of
the applicable examination.
(b) Examinations shall be conducted or approved by the
Agency, and shall be held not less frequently than annually.
The Agency shall maintain on its website information regarding
the examinations , at times and places prescribed by the
Agency, of which applicants shall be notified in writing.
(Source: P.A. 86-1363.)
(225 ILCS 230/1010) (from Ch. 111, par. 7860)
Sec. 1010. Certificates.
(a) The Solid Waste Site Operator Certificate shall
certify the competency of the applicant within the class of
the certificate issued, and shall show the full name of the

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applicant, have an identifying number, and be signed by the
Director.
(b) Certificates shall be issued for a period of 3 years,
with the expiration date being 3 years from the first day of
October of the calendar year in which the certificate is
issued.
(c) Every 3 years, on or before the October 1 expiration, a
certified solid waste site operator shall renew his
certificate of competency and pay the required renewal fee. A
grace period for renewal will be granted until November 1 of
that year before the reinstatement penalty is assessed.
(d) At the time of certificate renewal, the applicant
shall certify the completion of 15 hours of continuing
education covering the operation of landfills during the
preceding 3 years. Continuing education used to satisfy this
subsection must be approved by the Agency and must cover the
design, operation, and maintenance of sanitary landfills as
set forth in Section 1006 of this Act, and for certificates
that include a special waste endorsement, continuing education
must cover the operation of landfills relative to the
acceptance and disposal of special wastes demonstrate
competency in the same manner as a new applicant.
(Source: P.A. 86-1363.)
(225 ILCS 230/1011) (from Ch. 111, par. 7861)
Sec. 1011. Fees.

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(a) Fees for the issuance or renewal of a Solid Waste Site
Operator Certificate shall be as follows:
(1)(A) $400 for issuance or renewal for Class A Solid
Waste Site Operators;
(B) (blank); and $200 for issuance or renewal for
Class B Solid Waste Site Operators; and
(C) $100 for issuance or renewal for special waste
endorsements.
(2) If the fee for renewal is not paid within the grace
period the above fees for renewal shall each be increased by $
50.
(b) (Blank). Before the effective date of this amendatory
Act of the 98th General Assembly, all fees collected by the
Agency under this Section shall be deposited into the
Hazardous Waste Occupational Licensing Fund. The Agency is
authorized to use monies in the Hazardous Waste Occupational
Licensing Fund to perform its functions, powers, and duties
under this Section.
(c) All On and after the effective date of this amendatory
Act of the 98th General Assembly, all fees collected by the
Agency under this Section shall be deposited into the
Environmental Protection Permit and Inspection Fund to be used
in accordance with the provisions of subsection (a) of Section
22.8 of the Environmental Protection Act.
(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)