102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1544

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/5  from Ch. 111 1/2, par. 1005

    Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.


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A BILL FOR

 

HB1544LRB102 03560 CPF 13573 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 5 as follows:
 
6    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
7    Sec. 5. Pollution Control Board.
8    (a) There is hereby created an independent board to be
9known as the the Pollution Control Board.
10    On and after August 11, 2003 (the effective date of Public
11Act 93-509), the Board shall consist of 5 technically
12qualified members, no more than 3 of whom may be of the same
13political party, to be appointed by the Governor with the
14advice and consent of the Senate. Members shall have
15verifiable technical, academic, or actual experience in the
16field of pollution control or environmental law and
17regulation.
18    One member shall be appointed for a term ending July 1,
192004, 2 shall be appointed for terms ending July 1, 2005, and 2
20shall be appointed for terms ending July 1, 2006. Thereafter,
21all members shall hold office for 3 years from the first day of
22July in the year in which they were appointed, except in case
23of an appointment to fill a vacancy. In case of a vacancy in

 

 

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1the office when the Senate is not in session, the Governor may
2make a temporary appointment until the next meeting of the
3Senate, when he or she shall nominate some person to fill such
4office; and any person so nominated, who is confirmed by the
5Senate, shall hold the office during the remainder of the
6term.
7    Members of the Board shall hold office until their
8respective successors have been appointed and qualified. Any
9member may resign from office, such resignation to take effect
10when a successor has been appointed and has qualified.
11    Board members shall be paid $37,000 per year or an amount
12set by the Compensation Review Board, whichever is greater,
13and the Chairman shall be paid $43,000 per year or an amount
14set by the Compensation Review Board, whichever is greater.
15Each member shall devote his or her entire time to the duties
16of the office, and shall hold no other office or position of
17profit, nor engage in any other business, employment, or
18vocation. Each member shall be reimbursed for expenses
19necessarily incurred and shall make a financial disclosure
20upon appointment.
21    The Board may employ one assistant for each member and 2
22assistants for the Chairman. The Board also may employ and
23compensate hearing officers to preside at hearings under this
24Act, and such other personnel as may be necessary. Hearing
25officers shall be attorneys licensed to practice law in
26Illinois.

 

 

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1    The Board may have an Executive Director; if so, the
2Executive Director shall be appointed by the Governor with the
3advice and consent of the Senate. The salary and duties of the
4Executive Director shall be fixed by the Board.
5    The Governor shall designate one Board member to be
6Chairman, who shall serve at the pleasure of the Governor.
7    The Board shall hold at least one meeting each month and
8such additional meetings as may be prescribed by Board rules.
9In addition, special meetings may be called by the Chairman or
10by any 2 Board members, upon delivery of 48 hours written
11notice to the office of each member. All Board meetings shall
12be open to the public, and public notice of all meetings shall
13be given at least 48 hours in advance of each meeting. In
14emergency situations in which a majority of the Board
15certifies that exigencies of time require the requirements of
16public notice and of 24 hour written notice to members may be
17dispensed with, and Board members shall receive such notice as
18is reasonable under the circumstances.
19    Three members of the Board shall constitute a quorum to
20transact business; and the affirmative vote of 3 members is
21necessary to adopt any order. The Board shall keep a complete
22and accurate record of all its meetings.
23    (b) The Board shall determine, define and implement the
24environmental control standards applicable in the State of
25Illinois and may adopt rules and regulations in accordance
26with Title VII of this Act.

 

 

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1    (c) The Board shall have authority to act for the State in
2regard to the adoption of standards for submission to the
3United States under any federal law respecting environmental
4protection. Such standards shall be adopted in accordance with
5Title VII of the Act and upon adoption shall be forwarded to
6the Environmental Protection Agency for submission to the
7United States pursuant to subsections (l) and (m) of Section 4
8of this Act. Nothing in this paragraph shall limit the
9discretion of the Governor to delegate authority granted to
10the Governor under any federal law.
11    (d) The Board shall have authority to conduct proceedings
12upon complaints charging violations of this Act, any rule or
13regulation adopted under this Act, any permit or term or
14condition of a permit, or any Board order; upon administrative
15citations; upon petitions for variances, adjusted standards,
16or time-limited water quality standards; upon petitions for
17review of the Agency's final determinations on permit
18applications in accordance with Title X of this Act; upon
19petitions to remove seals under Section 34 of this Act; and
20upon other petitions for review of final determinations which
21are made pursuant to this Act or Board rule and which involve a
22subject which the Board is authorized to regulate. The Board
23may also conduct other proceedings as may be provided by this
24Act or any other statute or rule.
25    (e) In connection with any proceeding pursuant to
26subsection (b) or (d) of this Section, the Board may subpoena

 

 

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1and compel the attendance of witnesses and the production of
2evidence reasonably necessary to resolution of the matter
3under consideration. The Board shall issue such subpoenas upon
4the request of any party to a proceeding under subsection (d)
5of this Section or upon its own motion.
6    (f) The Board may prescribe reasonable fees for permits
7required pursuant to this Act. Such fees in the aggregate may
8not exceed the total cost to the Agency for its inspection and
9permit systems. The Board may not prescribe any permit fees
10which are different in amount from those established by this
11Act.
12(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
13100-863, eff. 8-14-18.)