Full Text of SB3672 97th General Assembly
SB3672sam001 97TH GENERAL ASSEMBLY | Sen. Sue Rezin Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 3672
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3672 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended 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 | 9 | | Act.
Beginning January 1, 1978, in case of conflict between the | 10 | | provisions of
this Act and the Act creating or conferring power | 11 | | on an agency, this Act
shall control. If, however, an agency | 12 | | (or its predecessor in the case of
an agency that has been | 13 | | consolidated or reorganized) has existing procedures
on July 1, | 14 | | 1977, specifically for contested cases or licensing, those | 15 | | existing
provisions control, except that this exception | 16 | | respecting contested
cases and licensing does not apply if the |
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| 1 | | Act creating or conferring
power on the agency adopts by | 2 | | express reference the provisions of this
Act. Where the Act | 3 | | creating or conferring power on an agency
establishes | 4 | | administrative procedures not covered by this Act, those
| 5 | | procedures shall remain in effect.
| 6 | | (b) The provisions of this Act do not apply to (i) | 7 | | preliminary
hearings, investigations, or practices where no | 8 | | final determinations
affecting State funding are made by the | 9 | | State Board of Education, (ii) legal
opinions issued under | 10 | | Section 2-3.7 of the School Code, (iii) as to State
colleges | 11 | | and universities, their disciplinary and grievance | 12 | | proceedings,
academic irregularity and capricious grading | 13 | | proceedings, and admission
standards and procedures, and (iv) | 14 | | the class specifications for positions
and individual position | 15 | | descriptions prepared and maintained under the
Personnel Code. | 16 | | Those class specifications shall, however, be made
reasonably | 17 | | available to the public for inspection and copying. The
| 18 | | provisions of this Act do not apply to hearings under Section | 19 | | 20 of the
Uniform Disposition of Unclaimed Property Act.
| 20 | | (c) Section 5-35 of this Act relating to procedures for | 21 | | rulemaking
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 | 4 | | Code
shall be amended or repealed pursuant to the process set | 5 | | forth in Section
5-50 within 30 days after it becomes necessary | 6 | | to do so due to a conflict
between the rates and the terms of a | 7 | | collective bargaining agreement
covering the compensation of | 8 | | an employee subject to that Code.
| 9 | | (e) Section 10-45 of this Act shall not apply to any | 10 | | hearing, proceeding,
or investigation conducted under Section | 11 | | 13-515 of the Public Utilities Act.
| 12 | | (f) Article 10 of this Act does not apply to any hearing, | 13 | | proceeding, or
investigation conducted by the State Council for | 14 | | the State of Illinois created
under Section 3-3-11.05 of the | 15 | | Unified Code of Corrections or by the Interstate
Commission for | 16 | | Adult Offender Supervision created under the
Interstate | 17 | | Compact for Adult Offender Supervision or by the Interstate | 18 | | Commission for Juveniles created under the Interstate Compact | 19 | | for Juveniles.
| 20 | | (g) This Act is subject to the provisions of Article XXI of
| 21 | | the Public Utilities Act. To the extent that any provision of
| 22 | | this Act conflicts with the provisions of that Article XXI, the
| 23 | | provisions 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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| 1 | | changing 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 | 5 | | regulations
to secure federal authorization for a program, | 6 | | regulations that are
"identical in substance" means State | 7 | | regulations which require the same
actions with respect to | 8 | | protection of the environment, by the same group of
affected | 9 | | persons, as would federal regulations if USEPA administered
the | 10 | | subject program in Illinois. After consideration of comments | 11 | | from the
USEPA, the Agency, the Attorney General and the | 12 | | public, the Board shall
adopt the verbatim text of such USEPA | 13 | | regulations as are necessary and
appropriate for authorization | 14 | | of the program. In adopting "identical in
substance" | 15 | | regulations, the only changes that may be made by the Board to
| 16 | | the federal regulations are those changes that are necessary | 17 | | for compliance
with the Illinois Administrative Code, and | 18 | | technical changes that in no way
change the scope or meaning of | 19 | | any 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 | 10 | | substance" with
specified federal regulations under subsection | 11 | | (c) of Section 13, Section
13.3, Section 17.5, subsection (a) | 12 | | or (d) of Section 22.4, subsection
(a) of Section 22.7, or | 13 | | subsection (a) of Section 22.40 , subsection (H) of Section 10, | 14 | | or specified
federal determinations under subsection
(e) of | 15 | | Section 9.1, the Board shall complete its rulemaking | 16 | | proceedings
within one year after the adoption of the | 17 | | corresponding federal rule. If
the Board consolidates multiple | 18 | | federal rulemakings into a single Board
rulemaking, the | 19 | | one-year period shall be calculated from the adoption date
of | 20 | | the federal rule first adopted among those consolidated.
After | 21 | | adopting an "identical in substance" rule, if the Board | 22 | | determines
that an amendment is needed to that rule, the Board | 23 | | shall initiate a
rulemaking proceeding to propose such | 24 | | amendment. The amendment shall be
adopted within one year of | 25 | | the initiation of the Board's determination.
| 26 | | Additionally, if the Board, after adopting an "identical in |
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| 1 | | substance" rule,
determines that a technical correction to that | 2 | | rule is needed, the Board
may initiate an application for | 3 | | certification of correction under Section
5-85 of the Illinois | 4 | | Administrative Procedure Act.
| 5 | | The one-year period may be extended by the Board for an | 6 | | additional period
of time if necessary to complete the | 7 | | rulemaking proceeding. In order to
extend the one-year period, | 8 | | the Board must make a finding, based upon the
record in the | 9 | | rulemaking proceeding, that the one-year period is
| 10 | | insufficient for completion of the rulemaking, and such finding | 11 | | shall
specifically state the reasons for the extension. Except | 12 | | as otherwise
provided above, the Board must make the
finding | 13 | | that an extension of time is necessary prior to the expiration | 14 | | of
the initial one-year period, and must also publish a notice | 15 | | of extension in
the Illinois Register as expeditiously as | 16 | | practicable following its
decision, stating the specific | 17 | | reasons for the Board's decision
to extend. The notice of | 18 | | extension need not appear in the Illinois
Register prior to the | 19 | | expiration of the initial one year period and shall
specify a | 20 | | date certain by which the Board anticipates completion of the
| 21 | | rulemaking, except that if a date certain cannot be specified | 22 | | because of a
need to delay adoption pending occurrence of an | 23 | | event beyond the Board's
control, the notice shall specify the | 24 | | event, explain its circumstances, and
contain an estimate of | 25 | | the amount of time needed to complete the rulemaking
after the | 26 | | occurrence 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 | 5 | | VII of
this Act, may adopt regulations to promote the purposes | 6 | | of this Title.
Without limiting the generality of this | 7 | | authority, 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 | 10 | | that are applicable or that may become applicable to stationary | 11 | | emission sources located in all areas of the State in | 12 | | accordance 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 | 20 | | burning of landscape
waste throughout the State generally. The | 21 | | Board may, by regulation, restrict
or prohibit the burning of | 22 | | landscape waste within
any geographical area of the State if it | 23 | | determines based on medical and
biological evidence generally | 24 | | accepted by the scientific community that
such burning will | 25 | | produce in the atmosphere of that geographical area
| 26 | | contaminants in sufficient quantities and of such |
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| 1 | | characteristics and
duration as to be injurious to humans, | 2 | | plant, or animal life, or health.
| 3 | | (D) The Board shall adopt regulations requiring the owner | 4 | | or operator of
a gasoline dispensing system that dispenses more | 5 | | than 10,000 gallons of
gasoline per month to install and | 6 | | operate a system for the recovery of
gasoline vapor emissions | 7 | | arising from the fueling of motor vehicles that
meets the | 8 | | requirements of Section 182 of the federal Clean Air Act (42 | 9 | | USC
7511a). These regulations shall apply only in areas of the | 10 | | State that are
classified as moderate, serious, severe or | 11 | | extreme nonattainment areas for
ozone pursuant to Section 181 | 12 | | of the federal Clean Air Act (42 USC 7511),
but shall not apply | 13 | | in such areas classified as moderate nonattainment
areas for | 14 | | ozone if the Administrator of the U.S. Environmental Protection
| 15 | | Agency promulgates standards for vehicle-based (onboard) | 16 | | systems for the
control of vehicle refueling emissions pursuant | 17 | | to Section 202(a)(6) of the
federal Clean Air Act (42 USC | 18 | | 7521(a)(6)) by November 15, 1992.
| 19 | | (E) The Board shall not adopt or enforce any regulation | 20 | | requiring the use
of a tarpaulin or other covering on a truck, | 21 | | trailer, or other vehicle that is
stricter than the | 22 | | requirements of Section 15-109.1 of the Illinois Vehicle
Code. | 23 | | To the extent that it is in conflict with this subsection, the | 24 | | Board's
rule codified as 35 Ill. Admin. Code, Section 212.315 | 25 | | is hereby superseded.
| 26 | | (F) Any person who prior to June 8, 1988, has filed a |
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| 1 | | timely Notice of
Intent to Petition for an Adjusted RACT | 2 | | Emissions Limitation and who
subsequently timely files a | 3 | | completed petition for an adjusted RACT
emissions limitation | 4 | | pursuant to 35 Ill. Adm. Code, Part 215, Subpart I,
shall be | 5 | | subject to the procedures contained in Subpart I but shall be
| 6 | | excluded by operation of law from 35 Ill. Adm. Code, Part 215, | 7 | | Subparts PP,
QQ and RR, including the applicable definitions in | 8 | | 35 Ill. Adm. Code, Part
211. Such persons shall instead be | 9 | | subject to a separate regulation which
the Board is hereby | 10 | | authorized to adopt pursuant to the adjusted RACT
emissions | 11 | | limitation procedure in 35 Ill. Adm. Code, Part 215, Subpart I.
| 12 | | In its final action on the petition, the Board shall create a | 13 | | separate rule
which establishes Reasonably Available Control | 14 | | Technology (RACT) for such
person. The purpose of this | 15 | | procedure is to create separate and
independent regulations for | 16 | | purposes of SIP submittal, review, and approval
by USEPA.
| 17 | | (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code, | 18 | | Sections 218.720
through 218.730 and Sections 219.720 through | 19 | | 219.730, are hereby repealed by
operation of law and are | 20 | | rendered null and void and of no force and effect.
| 21 | | (H) In accordance with subsection (b) of Section 7.2, the | 22 | | Board shall adopt ambient air quality standards specifying the | 23 | | maximum permissible short-term and long-term concentrations of | 24 | | various contaminants in the atmosphere; those standards shall | 25 | | be identical in substance to the national ambient air quality | 26 | | standards promulgated by the Administrator of the United States |
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| 1 | | Environmental Protection Agency in accordance with Section 109 | 2 | | of the Clean Air Act. The Board may consolidate into a single | 3 | | rulemaking under this subsection all such federal regulations | 4 | | adopted within a period of time not to exceed 6 months. The | 5 | | provisions and requirements of Title VII of this Act and | 6 | | Section 5-35 of the Illinois Administrative Procedure Act, | 7 | | relating to procedures for rulemaking, shall not apply to | 8 | | identical in substance regulations adopted pursuant to this | 9 | | subsection. However, the Board shall provide for notice and | 10 | | public comment before adopted rules are filed with the | 11 | | Secretary of State. Nothing in this subsection shall be | 12 | | construed to limit the right of any person to submit a proposal | 13 | | to the Board, or the authority of the Board to adopt, air | 14 | | quality standards more stringent than the standards | 15 | | promulgated by the Administrator, pursuant to the rulemaking | 16 | | requirements of Title VII of this Act and Section 5-35 of the | 17 | | Illinois Administrative Procedure Act. | 18 | | (Source: P.A. 95-460, eff. 8-27-07.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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