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Rep. William B. Black
Filed: 4/30/2008
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09500HB4172ham003 |
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LRB095 14143 RCE 49974 a |
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| AMENDMENT TO HOUSE BILL 4172
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| AMENDMENT NO. ______. Amend House Bill 4172, AS AMENDED, |
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| with reference to page and line numbers of House Amendment No. |
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| 1, as follows:
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| by replacing line 12 on page 7 through line 19 on page 8 with |
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| the following:
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| "determinations in accordance with this subsection (b).
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor shall make or promulgate rules |
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| to implement or enforce the provisions of this amendatory Act |
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| of the 95th General Assembly. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this paragraph, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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09500HB4172ham003 |
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LRB095 14143 RCE 49974 a |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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| No later than January 1, 2009, the Governor, in |
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| coordination with the Agency and the Board, must propose rules |
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| to the General Assembly by filing them with the Clerk of the |
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| House and the Secretary of the Senate and request that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| proposed rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. The proposed rules must |
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| concern the use of CCB under item (8) of subsection (a). The |
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| proposed rules must include specific guidelines for the use of |
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| CCB as structural fill and a site-approval process. The |
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| proposed rules must specify that agency approval is not |
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| required for a structural fill project if that project uses |
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| less than 10,000 tons of CCB material or if the fill material |
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| meets the ASTM D3987-85 standards for Class 1 Groundwater. The |
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| proposed rules for a site-approval process must include, along |
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| with other permits that may be required, (i) specific |
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| timeframes for Agency approval and (ii) informal consultation |
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| with the Department of Natural Resources on whether the |
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| structural fill project will harm any endangered species. ".
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