State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0778

      415 ILCS 5/27             from Ch. 111 1/2, par. 1027
          Amends the Environmental Protection Act  to  require  the
      Pollution   Control   Board  or  the  Department  of  Natural
      Resources to study the  economic  impact  of  proposed  Board
      rules  before their adoption. Provides for publication of the
      economic impact study in the Illinois Register.
                                                    LRB9002445DPccA
                                              LRB9002445DPccA
 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 27.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Environmental Protection Act  is  amended
 6    by changing Section 27 as follows:
 7        (415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
 8        Sec. 27. Rulemaking.
 9        (a)  The  Board  may  adopt  substantive  regulations  as
10    described  in  this  Act.   Any  such  regulations  may  make
11    different   provisions   as  required  by  circumstances  for
12    different contaminant sources and for different  geographical
13    areas;  may  apply  to  sources  outside  this State causing,
14    contributing  to,  or  threatening  environmental  damage  in
15    Illinois; may make special provision for alert and  abatement
16    standards    and   procedures   respecting   occurrences   or
17    emergencies of pollution or on  other  short-term  conditions
18    constituting an acute danger to health or to the environment;
19    and may include regulations specific to individual persons or
20    sites.  In promulgating regulations under this Act, the Board
21    shall take into account the existing physical conditions, the
22    character  of  the  area involved, including the character of
23    surrounding land uses, zoning classifications, the nature  of
24    the  existing air quality, or receiving body of water, as the
25    case may be,  and  the  technical  feasibility  and  economic
26    reasonableness  of  measuring or reducing the particular type
27    of pollution.  The generality  of  this  grant  of  authority
28    shall  only  be  limited  by the specifications of particular
29    classes of regulations elsewhere in this Act.
30        No charge shall be established or assessed by  the  Board
31    or Agency against any person for emission of air contaminants
                            -2-               LRB9002445DPccA
 1    from any source, for discharge of water contaminants from any
 2    source, or for the sale, offer or use of any article.
 3        Any  person  filing with the Board a written proposal for
 4    the adoption,  amendment,  or  repeal  of  regulations  shall
 5    provide information supporting the requested change and shall
 6    at the same time file a copy of such proposal with the Agency
 7    and  the  Department  of Natural Resources.  To aid the Board
 8    and to assist the public in determining which facilities will
 9    be affected, the person filing a proposal shall describe,  to
10    the  extent  reasonably practicable, the universe of affected
11    sources  and  facilities  and  the  economic  impact  of  the
12    proposed rule.
13        (b)  Except as provided below and in Section 28.2, before
14    the  adoption  of  any  proposed  rules   not   relating   to
15    administrative  procedures  within  the  Agency  or the Board
16    regulations, or amendment to existing rules not  relating  to
17    administrative  procedures  within  the  Agency  or the Board
18    regulations, the Board shall:
19             (1)  conduct, or  request  that  the  Department  of
20        Natural Resources conduct, a study of the economic impact
21        of  the  proposed  rules,  a  summary  of  which shall be
22        publicized in the Illinois Register with the first notice
23        of the proposed rulemaking. At a  minimum,  the  economic
24        impact  study  shall address (A) economic, environmental,
25        and public health benefits that may be  achieved  through
26        compliance with the proposed rules and (B) the effects of
27        the  proposed  rules  on  employment  levels,  commercial
28        productivity,  the cost of living, the economic growth of
29        small businesses with 100  or  less  employees,  and  the
30        State's overall economy; and
31             (2)  conduct  at  least  one hearing on the economic
32        impact of those new rules regulations.
33        In adopting any  such  new  rule  regulation,  the  Board
34    shall,  in  its  written opinion, make a determination, based
                            -3-               LRB9002445DPccA
 1    upon the evidence in the public hearing record, including but
 2    not limited to the economic impact study, as to  whether  the
 3    proposed  rule  regulation has any adverse economic impact on
 4    the people of the State of Illinois.
 5        (c)  On proclamation by the Governor, pursuant to Section
 6    8 of the Illinois Emergency  Services  and  Disaster  Act  of
 7    1975,  that  a  disaster  emergency exists, or when the Board
 8    finds that a severe public health emergency exists, the Board
 9    may, in relation to any proposed regulation, order that  such
10    regulation  shall  take  effect  without  delay and the Board
11    shall proceed with the hearings and studies required by  this
12    Section while the regulation continues in effect.
13        When  the  Board  finds  that  a  situation  exists which
14    reasonably constitutes  a  threat  to  the  public  interest,
15    safety  or  welfare, the Board may adopt regulations pursuant
16    to and in  accordance  with  Section  5-45  of  the  Illinois
17    Administrative Procedure Act.
18        (d)  To  the  extent  consistent  with  any  deadline for
19    adoption of any regulations mandated by State or federal law,
20    prior to initiating any hearing on a regulatory proposal, the
21    Board may assign a qualified hearing officer who may schedule
22    a prehearing conference between the proponents and any or all
23    of the potentially affected persons.  The notice requirements
24    of Section 28 shall not apply to such prehearing conferences.
25    The  purposes  of  such  conference  shall  be  to   maximize
26    understanding  of the intent and application of the proposal,
27    to reach agreement on aspects of the proposal,  if  possible,
28    and   to   attempt  to  identify  and  limit  the  issues  of
29    disagreement among the participants to promote efficient  use
30    of time at hearing.  No record need be kept of the prehearing
31    conference,  nor  shall any participant or the Board be bound
32    by any discussions conducted at  the  prehearing  conference.
33    However,   with  the  consent  of  all  participants  in  the
34    prehearing conference, a prehearing order delineating  issues
                            -4-               LRB9002445DPccA
 1    to  be  heard, agreed facts, and other matters may be entered
 2    by the hearing officer.  Such an order will not be binding on
 3    nonparticipants in the prehearing conference.
 4    (Source: P.A. 88-45; 89-445, eff. 2-7-96.)

[ Top ]