Illinois General Assembly - Full Text of SB3672
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Full Text of SB3672  97th General Assembly


Sen. Sue Rezin

Filed: 3/26/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3672 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 1-5 as follows:
6    (5 ILCS 100/1-5)  (from Ch. 127, par. 1001-5)
7    Sec. 1-5. Applicability.
8    (a) This Act applies to every agency as defined in this
9Act. Beginning January 1, 1978, in case of conflict between the
10provisions of this Act and the Act creating or conferring power
11on an agency, this Act shall control. If, however, an agency
12(or its predecessor in the case of an agency that has been
13consolidated or reorganized) has existing procedures on July 1,
141977, specifically for contested cases or licensing, those
15existing provisions control, except that this exception
16respecting contested cases and licensing does not apply if the



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1Act creating or conferring power on the agency adopts by
2express reference the provisions of this Act. Where the Act
3creating or conferring power on an agency establishes
4administrative procedures not covered by this Act, those
5procedures shall remain in effect.
6    (b) The provisions of this Act do not apply to (i)
7preliminary hearings, investigations, or practices where no
8final determinations affecting State funding are made by the
9State Board of Education, (ii) legal opinions issued under
10Section 2-3.7 of the School Code, (iii) as to State colleges
11and universities, their disciplinary and grievance
12proceedings, academic irregularity and capricious grading
13proceedings, and admission standards and procedures, and (iv)
14the class specifications for positions and individual position
15descriptions prepared and maintained under the Personnel Code.
16Those class specifications shall, however, be made reasonably
17available to the public for inspection and copying. The
18provisions of this Act do not apply to hearings under Section
1920 of the Uniform Disposition of Unclaimed Property Act.
20    (c) Section 5-35 of this Act relating to procedures for
21rulemaking does not apply to the following:
22        (1) Rules adopted by the Pollution Control Board that,
23    in accordance with Section 7.2 of the Environmental
24    Protection Act, are identical in substance to federal
25    regulations or amendments to those regulations
26    implementing the following: Sections 3001, 3002, 3003,



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1    3004, 3005, and 9003 of the Solid Waste Disposal Act;
2    Section 105 of the Comprehensive Environmental Response,
3    Compensation, and Liability Act of 1980; Sections 307(b),
4    307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
5    Water Pollution Control Act; and Sections 1412(b),
6    1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
7    Water Act; and Section 109 of the Clean Air Act.
8        (2) Rules adopted by the Pollution Control Board that
9    establish or amend standards for the emission of
10    hydrocarbons and carbon monoxide from gasoline powered
11    motor vehicles subject to inspection under the Vehicle
12    Emissions Inspection Law of 2005 or its predecessor laws.
13        (3) Procedural rules adopted by the Pollution Control
14    Board governing requests for exceptions under Section 14.2
15    of the Environmental Protection Act.
16        (4) The Pollution Control Board's grant, pursuant to an
17    adjudicatory determination, of an adjusted standard for
18    persons who can justify an adjustment consistent with
19    subsection (a) of Section 27 of the Environmental
20    Protection Act.
21        (5) Rules adopted by the Pollution Control Board that
22    are identical in substance to the regulations adopted by
23    the Office of the State Fire Marshal under clause (ii) of
24    paragraph (b) of subsection (3) of Section 2 of the
25    Gasoline Storage Act.
26        (6) Rules adopted by the Illinois Pollution Control



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1    Board under Section 9.14 of the Environmental Protection
2    Act.
3    (d) Pay rates established under Section 8a of the Personnel
4Code shall be amended or repealed pursuant to the process set
5forth in Section 5-50 within 30 days after it becomes necessary
6to do so due to a conflict between the rates and the terms of a
7collective bargaining agreement covering the compensation of
8an employee subject to that Code.
9    (e) Section 10-45 of this Act shall not apply to any
10hearing, proceeding, or investigation conducted under Section
1113-515 of the Public Utilities Act.
12    (f) Article 10 of this Act does not apply to any hearing,
13proceeding, or investigation conducted by the State Council for
14the State of Illinois created under Section 3-3-11.05 of the
15Unified Code of Corrections or by the Interstate Commission for
16Adult Offender Supervision created under the Interstate
17Compact for Adult Offender Supervision or by the Interstate
18Commission for Juveniles created under the Interstate Compact
19for Juveniles.
20    (g) This Act is subject to the provisions of Article XXI of
21the Public Utilities Act. To the extent that any provision of
22this Act conflicts with the provisions of that Article XXI, the
23provisions of that Article XXI control.
24(Source: P.A. 97-95, eff. 7-12-11.)
25    Section 10. The Environmental Protection Act is amended by



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1changing Sections 7.2 and 10 as follows:
2    (415 ILCS 5/7.2)  (from Ch. 111 1/2, par. 1007.2)
3    Sec. 7.2. Identical in substance rulemakings.
4    (a) In the context of a mandate that the Board adopt
5regulations to secure federal authorization for a program,
6regulations that are "identical in substance" means State
7regulations which require the same actions with respect to
8protection of the environment, by the same group of affected
9persons, as would federal regulations if USEPA administered the
10subject program in Illinois. After consideration of comments
11from the USEPA, the Agency, the Attorney General and the
12public, the Board shall adopt the verbatim text of such USEPA
13regulations as are necessary and appropriate for authorization
14of the program. In adopting "identical in substance"
15regulations, the only changes that may be made by the Board to
16the federal regulations are those changes that are necessary
17for compliance with the Illinois Administrative Code, and
18technical changes that in no way change the scope or meaning of
19any portion of the regulations, except as follows:
20        (1) The Board shall not adopt the equivalent of USEPA
21    rules that are not applicable to persons or facilities in
22    Illinois, that govern the program authorization process,
23    that are appropriate only in USEPA-administered programs,
24    or that govern actions to be taken by USEPA, other federal
25    agencies or other states.



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1        (2) The Board shall not adopt rules prescribing things
2    which are outside the Board's normal functions, such as
3    rules specifying staffing or funding requirements for
4    programs.
5        (3) If a USEPA rule prescribes the contents of a State
6    regulation without setting forth the regulation itself,
7    which would be an integral part of any regulation required
8    to be adopted as an "identical in substance" regulation as
9    defined in this Section, the Board shall adopt a regulation
10    as prescribed, to the extent possible consistent with other
11    relevant USEPA regulations and existing State law. The
12    Board may not use this subsection to adopt any regulation
13    which is a required rule as that term is defined by Section
14    28.2 of this Act. To the extent practicable, the Board in
15    its proposed and adopted opinion shall include its
16    rationale for adopting such regulation.
17        (4) Pursuant to subsection (a) of Section 5-75 of the
18    Illinois Administrative Procedure Act, the Board may
19    incorporate USEPA rules by reference where it is possible
20    to do so without causing confusion to the affected public.
21        (5) If USEPA intends to retain decision-making
22    authority for a portion of the program, the Board
23    regulation shall so specify. In addition, the Board
24    regulation shall specify whether a decision is to be made
25    by the Board, the Agency or some other State agency, based
26    upon the general division of functions within this Act and



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1    other Illinois statutes.
2        (6) Wherever appropriate, the Board regulations shall
3    reflect any consistent, more stringent regulations adopted
4    pursuant to the rulemaking requirements of Title VII of
5    this Act and Section 5-35 of the Illinois Administrative
6    Procedure Act.
7        (7) The Board may correct apparent typographical and
8    grammatical errors in USEPA rules.
9    (b) In adopting regulations that are "identical in
10substance" with specified federal regulations under subsection
11(c) of Section 13, Section 13.3, Section 17.5, subsection (a)
12or (d) of Section 22.4, subsection (a) of Section 22.7, or
13subsection (a) of Section 22.40, subsection (H) of Section 10,
14or specified federal determinations under subsection (e) of
15Section 9.1, the Board shall complete its rulemaking
16proceedings within one year after the adoption of the
17corresponding federal rule. If the Board consolidates multiple
18federal rulemakings into a single Board rulemaking, the
19one-year period shall be calculated from the adoption date of
20the federal rule first adopted among those consolidated. After
21adopting an "identical in substance" rule, if the Board
22determines that an amendment is needed to that rule, the Board
23shall initiate a rulemaking proceeding to propose such
24amendment. The amendment shall be adopted within one year of
25the initiation of the Board's determination.
26    Additionally, if the Board, after adopting an "identical in



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1substance" rule, determines that a technical correction to that
2rule is needed, the Board may initiate an application for
3certification of correction under Section 5-85 of the Illinois
4Administrative Procedure Act.
5    The one-year period may be extended by the Board for an
6additional period of time if necessary to complete the
7rulemaking proceeding. In order to extend the one-year period,
8the Board must make a finding, based upon the record in the
9rulemaking proceeding, that the one-year period is
10insufficient for completion of the rulemaking, and such finding
11shall specifically state the reasons for the extension. Except
12as otherwise provided above, the Board must make the finding
13that an extension of time is necessary prior to the expiration
14of the initial one-year period, and must also publish a notice
15of extension in the Illinois Register as expeditiously as
16practicable following its decision, stating the specific
17reasons for the Board's decision to extend. The notice of
18extension need not appear in the Illinois Register prior to the
19expiration of the initial one year period and shall specify a
20date certain by which the Board anticipates completion of the
21rulemaking, except that if a date certain cannot be specified
22because of a need to delay adoption pending occurrence of an
23event beyond the Board's control, the notice shall specify the
24event, explain its circumstances, and contain an estimate of
25the amount of time needed to complete the rulemaking after the
26occurrence of the specified event.



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1(Source: P.A. 87-830; 88-45; 88-496.)
2    (415 ILCS 5/10)  (from Ch. 111 1/2, par. 1010)
3    Sec. 10. Regulations.
4    (A) The Board, pursuant to procedures prescribed in Title
5VII of this Act, may adopt regulations to promote the purposes
6of this Title. Without limiting the generality of this
7authority, such regulations may among other things prescribe:
8        (a) (Blank); Ambient air quality standards specifying
9    the maximum permissible short-term and long-term
10    concentrations of various contaminants in the atmosphere;
11        (b) Emission standards specifying the maximum amounts
12    or concentrations of various contaminants that may be
13    discharged into the atmosphere;
14        (c) Standards for the issuance of permits for
15    construction, installation, or operation of any equipment,
16    facility, vehicle, vessel, or aircraft capable of causing
17    or contributing to air pollution or designed to prevent air
18    pollution;
19        (d) Standards and conditions regarding the sale,
20    offer, or use of any fuel, vehicle, or other article
21    determined by the Board to constitute an air-pollution
22    hazard;
23        (e) Alert and abatement standards relative to
24    air-pollution episodes or emergencies constituting an
25    acute danger to health or to the environment;



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1        (f) Requirements and procedures for the inspection of
2    any equipment, facility, vehicle, vessel, or aircraft that
3    may cause or contribute to air pollution;
4        (g) Requirements and standards for equipment and
5    procedures for monitoring contaminant discharges at their
6    sources, the collection of samples and the collection,
7    reporting and retention of data resulting from such
8    monitoring.
9    (B) The Board may adopt regulations and emission standards
10that are applicable or that may become applicable to stationary
11emission sources located in all areas of the State in
12accordance with any of the following:
13        (1) that are required by federal law;
14        (2) that are otherwise part of the State's attainment
15    plan and are necessary to attain the national ambient air
16    quality standards; or
17        (3) that are necessary to comply with the requirements
18    of the federal Clean Air Act.
19    (C) The Board may not adopt any regulation banning the
20burning of landscape waste throughout the State generally. The
21Board may, by regulation, restrict or prohibit the burning of
22landscape waste within any geographical area of the State if it
23determines based on medical and biological evidence generally
24accepted by the scientific community that such burning will
25produce in the atmosphere of that geographical area
26contaminants in sufficient quantities and of such



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1characteristics and duration as to be injurious to humans,
2plant, or animal life, or health.
3    (D) The Board shall adopt regulations requiring the owner
4or operator of a gasoline dispensing system that dispenses more
5than 10,000 gallons of gasoline per month to install and
6operate a system for the recovery of gasoline vapor emissions
7arising from the fueling of motor vehicles that meets the
8requirements of Section 182 of the federal Clean Air Act (42
9USC 7511a). These regulations shall apply only in areas of the
10State that are classified as moderate, serious, severe or
11extreme nonattainment areas for ozone pursuant to Section 181
12of the federal Clean Air Act (42 USC 7511), but shall not apply
13in such areas classified as moderate nonattainment areas for
14ozone if the Administrator of the U.S. Environmental Protection
15Agency promulgates standards for vehicle-based (onboard)
16systems for the control of vehicle refueling emissions pursuant
17to Section 202(a)(6) of the federal Clean Air Act (42 USC
187521(a)(6)) by November 15, 1992.
19    (E) The Board shall not adopt or enforce any regulation
20requiring the use of a tarpaulin or other covering on a truck,
21trailer, or other vehicle that is stricter than the
22requirements of Section 15-109.1 of the Illinois Vehicle Code.
23To the extent that it is in conflict with this subsection, the
24Board's rule codified as 35 Ill. Admin. Code, Section 212.315
25is hereby superseded.
26    (F) Any person who prior to June 8, 1988, has filed a



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1timely Notice of Intent to Petition for an Adjusted RACT
2Emissions Limitation and who subsequently timely files a
3completed petition for an adjusted RACT emissions limitation
4pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be
5subject to the procedures contained in Subpart I but shall be
6excluded by operation of law from 35 Ill. Adm. Code, Part 215,
7Subparts PP, QQ and RR, including the applicable definitions in
835 Ill. Adm. Code, Part 211. Such persons shall instead be
9subject to a separate regulation which the Board is hereby
10authorized to adopt pursuant to the adjusted RACT emissions
11limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
12In its final action on the petition, the Board shall create a
13separate rule which establishes Reasonably Available Control
14Technology (RACT) for such person. The purpose of this
15procedure is to create separate and independent regulations for
16purposes of SIP submittal, review, and approval by USEPA.
17    (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code,
18Sections 218.720 through 218.730 and Sections 219.720 through
19219.730, are hereby repealed by operation of law and are
20rendered null and void and of no force and effect.
21    (H) In accordance with subsection (b) of Section 7.2, the
22Board shall adopt ambient air quality standards specifying the
23maximum permissible short-term and long-term concentrations of
24various contaminants in the atmosphere; those standards shall
25be identical in substance to the national ambient air quality
26standards promulgated by the Administrator of the United States



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1Environmental Protection Agency in accordance with Section 109
2of the Clean Air Act. The Board may consolidate into a single
3rulemaking under this subsection all such federal regulations
4adopted within a period of time not to exceed 6 months. The
5provisions and requirements of Title VII of this Act and
6Section 5-35 of the Illinois Administrative Procedure Act,
7relating to procedures for rulemaking, shall not apply to
8identical in substance regulations adopted pursuant to this
9subsection. However, the Board shall provide for notice and
10public comment before adopted rules are filed with the
11Secretary of State. Nothing in this subsection shall be
12construed to limit the right of any person to submit a proposal
13to the Board, or the authority of the Board to adopt, air
14quality standards more stringent than the standards
15promulgated by the Administrator, pursuant to the rulemaking
16requirements of Title VII of this Act and Section 5-35 of the
17Illinois Administrative Procedure Act.
18(Source: P.A. 95-460, eff. 8-27-07.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".