|
|
Rep. William B. Black
Filed: 4/30/2008
|
|
09500HB4172ham003 |
|
LRB095 14143 RCE 49974 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 4172
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4172, AS AMENDED, |
| 3 |
| with reference to page and line numbers of House Amendment No. |
| 4 |
| 1, as follows:
|
| 5 |
| by replacing line 12 on page 7 through line 19 on page 8 with |
| 6 |
| the following:
|
| 7 |
| "determinations in accordance with this subsection (b).
|
| 8 |
| Notwithstanding any other rulemaking authority that may |
| 9 |
| exist, neither the Governor nor any agency or agency head under |
| 10 |
| the jurisdiction of the Governor shall make or promulgate rules |
| 11 |
| to implement or enforce the provisions of this amendatory Act |
| 12 |
| of the 95th General Assembly. Nothing contained in this |
| 13 |
| amendatory Act of the 95th General Assembly shall be |
| 14 |
| interpreted to grant rulemaking authority under any other |
| 15 |
| Illinois statute where such authority is not otherwise |
| 16 |
| explicitly given. For the purposes of this paragraph, "rules" |
| 17 |
| is given the meaning contained in Section 1-70 of the Illinois |
|
|
|
09500HB4172ham003 |
- 2 - |
LRB095 14143 RCE 49974 a |
|
|
| 1 |
| Administrative Procedure Act, and "agency" and "agency head" |
| 2 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
| 3 |
| the Illinois Administrative Procedure Act to the extent that |
| 4 |
| such definitions apply to agencies or agency heads under the |
| 5 |
| jurisdiction of the Governor.
|
| 6 |
| No later than January 1, 2009, the Governor, in |
| 7 |
| coordination with the Agency and the Board, must propose rules |
| 8 |
| to the General Assembly by filing them with the Clerk of the |
| 9 |
| House and the Secretary of the Senate and request that the |
| 10 |
| General Assembly authorize such rulemaking by law, enact those |
| 11 |
| proposed rules into law, or take any other appropriate action |
| 12 |
| in the General Assembly's discretion. The proposed rules must |
| 13 |
| concern the use of CCB under item (8) of subsection (a). The |
| 14 |
| proposed rules must include specific guidelines for the use of |
| 15 |
| CCB as structural fill and a site-approval process. The |
| 16 |
| proposed rules must specify that agency approval is not |
| 17 |
| required for a structural fill project if that project uses |
| 18 |
| less than 10,000 tons of CCB material or if the fill material |
| 19 |
| meets the ASTM D3987-85 standards for Class 1 Groundwater. The |
| 20 |
| proposed rules for a site-approval process must include, along |
| 21 |
| with other permits that may be required, (i) specific |
| 22 |
| timeframes for Agency approval and (ii) informal consultation |
| 23 |
| with the Department of Natural Resources on whether the |
| 24 |
| structural fill project will harm any endangered species.".
|