HB2326 96TH GENERAL ASSEMBLY

LRB096 08074 JDS 18180 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2326

Introduced 2/18/2009, by Rep. Dave Winters

SYNOPSIS AS INTRODUCED:

20 ILCS 805/805-15	was 20 ILCS 805/63a37
20 ILCS 2705/2705-20 new
20 ILCS 2905/2	from Ch. 127 1/2, par. 2
415 ILCS 5/28.7 new

Amends the Department of Natural Resources (Conservation) Law, the Department of Transportation Law, the State Fire Marshal Act, and the Environmental Protection Act. Requires that the rulemaking processes of the Department of Natural Resources, the Department of Transportation, the State Fire Marshal, the Pollution Control Board, and the Environmental Protection Agency include a process for expediting the issuance of permits and licenses for clean coal projects. Authorizes these State agencies to engage the experts and additional resources that are reasonably necessary for implementing this expedited process. Provides that the expedited process applies only upon the request of the applicant and that any additional costs for using that process shall be borne by the applicant. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Section 805-15 as follows:

(20 ILCS 805/805-15) (was 20 ILCS 805/63a37)

Sec. 805-15. Rules and regulations.

(a) The Department has the power to adopt and enforce rules and regulations necessary to the performance of its statutory duties.

(b) These rules must include a process for expediting the issuance of permits and licenses for clean coal projects. The Department may engage the experts and additional resources that are reasonably necessary for implementing this process. An expedited process applies only upon the request of the applicant, and any additional costs for using that process shall be borne by the applicant.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 15. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by adding Section 2705-20 as follows:

(20 ILCS 2705/2705-20 new)

Sec. 2705-20. Administrative rules.

(a) The Department has the power to adopt and enforce rules necessary to the performance of its statutory duties.

(b) These rules must include a process for expediting the issuance of permits and licenses for clean coal projects. The Department may engage the experts and additional resources that are reasonably necessary for implementing this process. An expedited process applies only upon the request of the applicant, and any additional costs for using that process shall be borne by the applicant.

Section 20. The State Fire Marshal Act is amended by changing Section 2 as follows:

(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)

Sec. 2. The Office shall have the following powers and duties:

1. To exercise the rights, powers and duties which have been vested by law in the Department of State Police as the successor of the Department of Public Safety, State Fire Marshal, inspectors, officers and employees of the State Fire Marshal, including arson investigation. Arson investigations conducted by the State Fire Marshal's Office shall be conducted by State Fire Marshal Arson Investigator Special Agents, who shall be peace officers as provided in the Peace Officer Fire Investigation Act.

2. To keep a record, as may be required by law, of all fires occurring in the State, together with all facts, statistics and circumstances, including the origin of fires.

3. To exercise the rights, powers and duties which have been vested in the Department of State Police by the "Boiler and Pressure Vessel Safety Act", approved August 7, 1951, as amended.

4. To administer the Illinois Fire Protection Training Act.

5. To aid in the establishment and maintenance of the training facilities and programs of the Illinois Fire Service Institute.

6. To disburse Federal grants for fire protection purposes to units of local government.

7. To pay to or in behalf of the City of Chicago for the maintenance, expenses, facilities and structures directly incident to the Chicago Fire Department training program. Such payments may be made either as reimbursements for expenditures previously made by the City, or as payments at the time the City has incurred an obligation which is then due and payable for such expenditures. Payments for the Chicago Fire Department training program shall be made only for those expenditures which are not claimable by the City under "An Act relating to fire protection training", certified November 9, 1971, as amended.

8. To administer General Revenue Fund grants to areas not located in a fire protection district or in a municipality which provides fire protection services, to defray the organizational expenses of forming a fire protection district.

9. In cooperation with the Illinois Environmental Protection Agency, to administer the Illinois Leaking Underground Storage Tank program in accordance with Section 4 of this Act and Section 22.12 of the Environmental Protection Act.

10. To expend state and federal funds as appropriated by the General Assembly.

11. To provide technical assistance, to areas not located in a fire protection district or in a municipality which provides fire protection service, to form a fire protection district, to join an existing district, or to establish a municipal fire department, whichever is applicable.

12. To exercise such other powers and duties as may be vested in the Office by law.

13. To adopt all administrative rules that may be necessary for the effective administration, enforcement, and regulation of all matters for which the Department has jurisdiction or responsibility. These rules must include a process for expediting the issuance of permits and licenses for clean coal projects. The Office may engage the experts and additional resources that are reasonably necessary for implementing this process. An expedited process applies only upon the request of the applicant, and any additional costs for using that process shall be borne by the applicant.

(Source: P.A. 94-178, eff. 1-1-06; 95-502, eff. 8-28-07.)

Section 30. The Environmental Protection Act is amended by adding Section 28.7 as follows:

(415 ILCS 5/28.7 new)

Sec. 28.7. Expedited process. The rules of the Agency and Board must include a process for expediting the issuance of permits and licenses for clean coal projects. The Agency and Board may engage the experts and additional resources that are reasonably necessary for implementing this process. An expedited process applies only upon the request of the applicant, and any additional costs for using that process shall be borne by the applicant.

Section 99. Effective date. This Act takes effect upon becoming law.