Full Text of SB0431 94th General Assembly
SB0431 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0431
Introduced 2/16/2005, by Sen. James A. DeLeo SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/28 |
from Ch. 111 1/2, par. 1028 |
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Amends the Environmental Protection Act. Makes a technical change in a Section
concerning proposal of regulations.
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A BILL FOR
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SB0431 |
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LRB094 09305 RSP 39545 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 28 as follows:
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| (415 ILCS 5/28) (from Ch. 111 1/2, par. 1028)
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| Sec. 28. Proposal of regulations; procedure.
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| (a) Any person may present written proposals for the
the | 9 |
| adoption, amendment,
or repeal of the Board's regulations, and | 10 |
| the Board may make such proposals
on its own motion. If the | 11 |
| Board finds that any such proposal is supported by
an adequate | 12 |
| statement of reasons, is accompanied by a petition signed by at
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| least 200 persons, is not plainly devoid of merit and does not | 14 |
| deal with a
subject on which a hearing has been held within the | 15 |
| preceding 6 months, the
Board shall schedule a public hearing | 16 |
| for consideration of the proposal. If
such proposal is made by | 17 |
| the Agency or by the Department, the Board shall
schedule a | 18 |
| public hearing without regard to the above conditions.
The | 19 |
| Board may hold one or more hearings to consider both the merits | 20 |
| and
the economics of the proposal. The Board may also in its | 21 |
| discretion schedule a
public hearing upon any proposal without | 22 |
| regard to the above conditions. | 23 |
| No substantive regulation shall be adopted, amended, or | 24 |
| repealed until
after a public hearing within the area of the | 25 |
| State concerned. In the case
of state-wide regulations hearings | 26 |
| shall be held in at least two areas. At
least 20 days prior to | 27 |
| the scheduled date of the hearing the Board shall
give notice | 28 |
| of such hearing by public advertisement in a newspaper of
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| general circulation in the area of the state concerned of the | 30 |
| date, time,
place and purpose of such hearing; give written | 31 |
| notice to any person in the
area concerned who has in writing | 32 |
| requested notice of public hearings; and
make available to any |
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SB0431 |
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LRB094 09305 RSP 39545 b |
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| person upon request copies of the proposed regulations,
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| together with summaries of the reasons supporting their | 3 |
| adoption.
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| Any public hearing relating to the adoption, amendment, or | 5 |
| repeal of
Board regulations under this subsection shall be held | 6 |
| before a qualified
hearing officer, who shall be attended by at | 7 |
| least one member of the Board,
designated by the Chairman. All | 8 |
| such hearings shall be open to the public,
and reasonable | 9 |
| opportunity to be heard with respect to the subject of the
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| hearing shall be afforded to any person. All testimony taken | 11 |
| before the
Board shall be recorded stenographically. The | 12 |
| transcript so recorded, and
any written submissions to the | 13 |
| Board in relation to such hearings, shall be
open to public | 14 |
| inspection, and copies thereof shall be made available to
any | 15 |
| person upon payment of the actual cost of reproducing the | 16 |
| original.
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| After such hearing the Board may revise the proposed | 18 |
| regulations before
adoption in response to suggestions made at | 19 |
| the hearing, without conducting
a further hearing on the | 20 |
| revisions.
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| In addition, the Board may revise the proposed regulations | 22 |
| after
hearing in response to objections or suggestions made by | 23 |
| the Joint
Committee on Administrative Rules pursuant to | 24 |
| subsection (b) of Section
5-40 and subsection (a) of Section | 25 |
| 5-110 of the Illinois Administrative
Procedure Act, where the | 26 |
| Board finds (1) that such objections or
suggestions relate to | 27 |
| the statutory authority upon which the regulation is
based, | 28 |
| whether the regulation is in proper form, or whether adequate | 29 |
| notice
was given, and (2) that the record before the Board is | 30 |
| sufficient to
support such a change without further hearing.
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| Any person heard or represented at a hearing or requesting | 32 |
| notice shall
be given written notice of the action of the Board | 33 |
| with respect to the
subject thereof.
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| No rule or regulation, or amendment or repeal thereof, | 35 |
| shall become
effective until a certified copy thereof has been | 36 |
| filed with the Secretary
of State, and thereafter as provided |
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SB0431 |
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LRB094 09305 RSP 39545 b |
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| in the Illinois Administrative Procedure
Act as amended.
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| Any person who files a petition for adoption of a | 3 |
| regulation specific to
that person shall pay a filing fee.
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| (b) The Board shall not, on its own motion, propose | 5 |
| regulations pursuant to
subsection (a) of this Section or | 6 |
| Sections 28.2, 28.4 or 28.5 of this Act
to implement the | 7 |
| provisions required by or related to the Clean Air Act
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| Amendments of 1990, as now or hereafter amended. However, | 9 |
| nothing herein shall
preclude the Board from, on its own | 10 |
| motion:
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| (1) making technical corrections to adopted rules | 12 |
| pursuant to
Section 100.240 of Title 1 of the Illinois | 13 |
| Administrative Code;
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| (2) modifying a proposed rule following receipt of | 15 |
| comments,
objections, or suggestions without agreement of | 16 |
| the proponent after the
end of the hearing and comment | 17 |
| period;
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| (3) initiating procedural rulemaking in accordance | 19 |
| with Section 26
of this Act; or
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| (4) initiating rulemaking necessitated by a court | 21 |
| order directed to the
Board.
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| (Source: P.A. 87-860; 87-1213; 88-45.)
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