Environment & Energy Committee

Adopted in House Comm. on May 20, 2008

 

 


 

 


 
09500SB2639ham001 LRB095 14922 RCE 50201 a

1
AMENDMENT TO SENATE BILL 2639

2     AMENDMENT NO. ______. Amend Senate Bill 2639 by replacing
3 line 8 on page 1 through line 5 on page 7 with the following:
 
4     "Sec. 28.5. Clean Air Act rules; no fast-track. If the
5 Governor believes that rules are required to be adopted by the
6 State under the federal Clean Air Act as amended by the Clean
7 Air Act Amendments of 1990 (CAAA), then the Governor may
8 suggest rules to the General Assembly by filing them with the
9 Clerk of the House and Secretary of the Senate and by
10 requesting that the General Assembly authorize such rulemaking
11 by law, enact those suggested rules into law, or take any other
12 appropriate action in the General Assembly's discretion.
13 Notwithstanding any other rulemaking authority that may exist,
14 neither the Governor nor any agency or agency head under the
15 jurisdiction of the Governor has any authority to make or
16 promulgate rules under this Section without the further
17 authorization of the General Assembly. Nothing contained in

 

 

09500SB2639ham001 - 2 - LRB095 14922 RCE 50201 a

1 this Section shall be interpreted to grant rulemaking authority
2 under any other Illinois statute where such authority is not
3 otherwise explicitly given. For the purposes of this Section,
4 "rules" is given the meaning contained in Section 1-70 of the
5 Illinois Administrative Procedure Act, and "agency" and
6 "agency head" are given the meanings contained in Sections 1-20
7 and 1-25 of the Illinois Administrative Procedure Act to the
8 extent that such definitions apply to agencies or agency heads
9 under the jurisdiction of the Governor.".