|
|
Rep. Eddie Washington
Filed: 5/8/2008
|
|
09500HB2088ham004 |
|
LRB095 01063 HLH 50153 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 2088
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2088 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Rivers, Lakes, and Streams Act is amended |
| 5 |
| by adding Section 24a as follows:
|
| 6 |
| (615 ILCS 5/24a new) |
| 7 |
| Sec. 24a. Waukegan Harbor. |
| 8 |
| (a) No agency of the State of Illinois, other than the |
| 9 |
| Illinois Environmental Protection Agency, shall enter into any |
| 10 |
| contract or incur any obligation or expend any moneys for the |
| 11 |
| purpose of dredging or cleanup of the approach channel, outer |
| 12 |
| harbor, entrance channel, inner harbor (or inner basin), or |
| 13 |
| inner harbor extension (or inner basin extension) of Waukegan |
| 14 |
| Harbor that would result in a decrease of the channel depths of - |
| 15 |
| 18 feet low water datum. These portions of Waukegan Harbor |
| 16 |
| shall be maintained with a minimum channel depth of -18 feet, |
|
|
|
09500HB2088ham004 |
- 2 - |
LRB095 01063 HLH 50153 a |
|
|
| 1 |
| and shall allow for greater depths if authorized by federal |
| 2 |
| law. The harbor shall be maintained as a commercially navigable |
| 3 |
| harbor that is accessible to commercial vessels and to those |
| 4 |
| seeking a harbor of refuge for safety purposes. |
| 5 |
| (b) Notwithstanding any other rulemaking authority that |
| 6 |
| may exist, neither the Governor nor any agency or agency head |
| 7 |
| under the jurisdiction of the Governor has any authority to |
| 8 |
| make or promulgate rules to implement or enforce the provisions |
| 9 |
| of this amendatory Act of the 95th General Assembly. If, |
| 10 |
| however, the Governor believes that rules are necessary to |
| 11 |
| implement or enforce the provisions of this amendatory Act of |
| 12 |
| the 95th General Assembly, the Governor may suggest rules to |
| 13 |
| the General Assembly by filing them with the Clerk of the House |
| 14 |
| and the Secretary of the Senate and by requesting that the |
| 15 |
| General Assembly authorize such rulemaking by law, enact those |
| 16 |
| suggested rules into law, or take any other appropriate action |
| 17 |
| in the General Assembly's discretion. Nothing contained in this |
| 18 |
| amendatory Act of the 95th General Assembly shall be |
| 19 |
| interpreted to grant rulemaking authority under any other |
| 20 |
| Illinois statute where such authority is not otherwise |
| 21 |
| explicitly given. For the purposes of this subsection, "rules" |
| 22 |
| is given the meaning contained in Section 1-70 of the Illinois |
| 23 |
| Administrative Procedure Act, and "agency" and "agency head" |
| 24 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
| 25 |
| the Illinois Administrative Procedure Act to the extent that |
| 26 |
| such definitions apply to agencies or agency heads under the |