HB4789ham001 95TH GENERAL ASSEMBLY

Environment & Energy Committee

Filed: 3/12/2008

09500HB4789ham001 LRB095 16947 BDD 47973 a

AMENDMENT TO HOUSE BILL 4789

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

"Section 1. Short title. This Act may be cited as the Radon-Resistant Residences Act.

Section 5. The Task Force on Radon-Resistant Building Codes.

(a) The Radon-Resistant Building Codes Task Force is created. The Task Force consists of the following members:

(1) the Director of the Illinois Emergency Management Agency or his or her representative, ex officio, who is the chair of the Task Force;

(2) a representative of the Home Builders Association of Illinois;

(3) a representative of the Illinois Home Inspectors' Association;

(4) a representative of the International Code Council;

(5) a representative of the Illinois Association of Realtors;

(6) a representative of the American Lung Association of Illinois;

(7) a representative of the American Cancer Society;

(8) a representative of the Illinois Municipal League;

(9) one member appointed by the Speaker of the House of Representatives;

(10) one member appointed by the Minority Leader of the House of Representatives;

(11) one member appointed by the President of the Senate; and

(12) one member appointed by the Minority Leader of the Senate.

(b) The Task Force shall meet at the call of the chair. Members shall serve without compensation, but may be reimbursed for their reasonable expenses from moneys appropriated for that purpose. The Agency shall provide staff and support for the operation of the Task Force.

(c) The Task Force shall make recommendations to the Governor, the Agency, the Environmental Protection Agency, and the Pollution Control Board concerning the adoption of rules for building codes under Section 10 of This Act.

Section 10. Proposed rules for radon control.

(a) The Governor, in coordination with the Illinois Emergency Management Agency, the Environmental Protection Agency, and the Pollution Control Board, shall propose rules for radon control for all new residential buildings. These proposed rules must incorporate the radon control methods set forth in the International Residential Code appendix as the model language, with changes necessary to comply with existing construction codes in the State.

(b) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Act. The Governor shall propose rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those proposed rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Act shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

(c) For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

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