Environment & Energy Committee
Filed: 3/12/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4789




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    AMENDMENT NO. ______. Amend House Bill 4789 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Radon-Resistant Residences Act.
 
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    Section 5. The Task Force on  Radon-Resistant Building 
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Codes. 
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    (a) The Radon-Resistant Building Codes Task Force is 
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created. The Task Force consists of the following members:
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        (1) the Director of the Illinois Emergency Management 
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    Agency or his or her representative, ex officio, who is the 
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    chair of the Task Force;
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        (2) a representative of the Home Builders Association 
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    of Illinois;
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        (3) a representative of the Illinois Home Inspectors' 
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    Association;
 


 






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        (4) a representative of the International Code 
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    Council;
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        (5) a representative of the Illinois Association of 
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    Realtors;
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        (6) a representative of the American Lung Association 
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    of Illinois;
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        (7) a representative of the American Cancer Society;
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        (8) a representative of the Illinois Municipal League;
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        (9) one member appointed by the Speaker of the House of 
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    Representatives;
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        (10) one member appointed by the Minority Leader of the 
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    House of Representatives;
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        (11) one member appointed by the President of the 
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    Senate; and
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        (12) one member appointed by the Minority Leader of the 
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    Senate.
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    (b) The Task Force shall meet at the call of the chair. 
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Members shall serve without compensation, but may be reimbursed 
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for their reasonable expenses from moneys appropriated for that 
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purpose. The Agency shall provide staff and support for the 
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operation of the Task Force.
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    (c) The Task Force shall make recommendations to the 
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Governor, the Agency, the Environmental Protection Agency, and 
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the Pollution Control Board concerning the adoption of rules 
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for building codes under Section 10 of This Act.

 
 


 






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    Section 10. Proposed rules for radon control. 
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    (a) The Governor, in coordination with the Illinois 
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Emergency Management Agency, the Environmental
Protection 
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Agency, and the Pollution Control Board, shall propose
rules 
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for radon control for all new residential buildings.
These 
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proposed rules must incorporate the radon control methods set

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forth in the International Residential Code appendix as the

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model language, with changes necessary to comply with existing

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construction codes in the State. 
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    (b) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this Act.  The Governor shall propose rules to the General 
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Assembly by filing them with the Clerk of the House and the 
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Secretary of the Senate and by requesting that the General 
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Assembly authorize such rulemaking by law, enact those proposed 
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rules into law, or take any other appropriate action in the 
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General Assembly's discretion.   Nothing contained in this Act 
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shall be interpreted to grant rulemaking authority under any 
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other Illinois statute where such authority is not otherwise 
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explicitly given.
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    (c) For the purposes of this Section, "rules" is given the 
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meaning contained in Section 1-70 of the Illinois 
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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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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".